Texas Couple Says Bladder Sling Implant Failure Affected Marriage
By John Curran
A recently filed vaginal mesh lawsuit alleges that medical devices manufactured by C.R. Bard Inc. and two other companies have led to lasting damage for plaintiff Cheryl Gagne. The damage was so severe that it has negatively affected her marriage, according to the loss of consortium claim listed in the complaint.
Gagne received a vaginal mesh implant and transobturator sling during a surgery in Texas on May 23, 2005. Since she filed the lawsuit using a simplified form that was adopted to facilitate the huge number of vaginal mesh lawsuits being filed by alleged victims of bladder sling failures, Gagne’s specific injuries are not listed.
However, the factual allegations found in the master complaint note that many women suffer an autoimmune or allergic response to synthetic materials used in vaginal mesh implants that sometimes cause “problems including chronic pain and fibrotic reaction.” The vaginal mesh lawsuit also notes that the U.S. Food & Drug Administration (FDA) issued a statement in 2011, indicating that “serious complications associated with surgical mesh for transvaginal repair of POP (pelvic organ prolapse) are not rare.”
The agency noted that the risks of mesh shrinkage and other problems were “previously unidentified,” but were supported by medical research indicating numerous problems with the synthetic material. Many of the hundreds of lawsuits alleging bladder sling implant failure issues argue that companies like C.R. Bard improperly used an accelerated FDA approval process by claiming that their vaginal mesh implants were substantially similar to existing surgical mesh products made of biological materials that were already on the market.
Because these vaginal mesh implants did not use biological materials, Gagne argues that the medical device makers should have had to perform clinical trials regarding the potential for vaginal mesh implant failure side effects. Gagne’s vaginal mesh implant lawsuit includes counts of negligence, design and manufacturing defects, failure to warn, breaches of express and implied warranties and loss of consortium.
The vaginal mesh lawsuit is Cheryl Gagne, et al. v. C. R. Bard Inc., et al., Case No. 13-cv-22780, in the U.S. District Court for the Southern District of West Virginia.
If you were treated for stress urinary incontinence with a vaginal mesh implant or bladder sling, you may be eligible to file a vaginal mesh lawsuit. Get started with a free legal consultation available at the Vaginal Mesh Sling Class Action Lawsuit Investigation today. A vaginal mesh lawyer will contact you to review your eligibility to begin legal proceedings and advise you of what steps you can take moving forward. Cases are currently pending, so it is important to find out if you can pursue a legal remedy soon rather than facing any delay in receiving a settlement or other result.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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