Many of our potential clients ask whether or not they have a case for injuries sustained for a Transvaginal Mesh defect. We asked one of our resident attorneys Mr. Yaghoubtil Esq. to address this subject. Below is an interview transcript where we ask him some important questions on the subject.
Unlike other injury claims, dealing with a Transvaginal Mesh case
is a bit complicated. To know if you have a case there are a number of factors to consider. This includes certain symptoms which you experience or are experiencing, statute of limitations issues and the manufacturer of the product.
What are the symptoms?
This can vary with each person. Some general symptoms of defective mesh implants
include, loss of bladder control, extreme swelling, vaginal pro-lapse and interior vaginal tearing. These are not a complete list of the issues. When a client calls in we have one of our staff members preferably a female employee go over the symptoms.
How long do you have to file a case?
In California you have 2 years to file a case. This 2 year statute begins when you have notice. Many clients believe it starts when the implant takes place. This is a common misconception. The statue begins to run when you are put on notice of the defect.
Do you think class action lawsuits are a better alternative?
I have heard some horror stories about joining a class action law-suit for vaginal mesh or bladder sling defects
. The members are often times given minimum recovery and individual attention is not given to their case. These class action lawsuits fail to take into consideration that all parties should not be treated the same. In fact certain plaintiffs have suffered enormously. It is unfair that the parties who have suffered the most be joined with others. There should be a balance and I feel that class actions are definitely not the correct path to take.
Do clients pay up-front fees, what are the costs of litigating a vaginal mesh claim?
Absolutely not, there are not up-front fees paid. All of the cases are based on a contingency fee. What this means is that unless we recover there are no fees that are required to be paid.
How long can these cases take?
Each case is different. These cases can settle in a 6 month period or they can take up-to 2 years. This can depend on a number of factors including number of corrective surgeries required, pain and suffering as well as other factors.
Do you have any other suggestions?
I hear of the pain and suffering woman have gone through when dealing with these types of defects. It is truly heartbreaking to see the lack of care and compassion. Many woman are forced to share some of the most intimate details of their life with their attorney. This is not a comfortable feeling.
Our offices are here to help. If we can be of assistance let us know