Transvaginal mesh surgical implants have resulted in serious health complications, affecting tens of thousands of women across the country. In many circumstances, women who have undergone vaginal mesh implants are not aware of the serious health risks associated these dangerous medical devices. Complicating matters is that the harm caused by vaginal mesh can take years of recovery, cost tens of thousands of dollars and require the undergoing of multiple medical procedures. What’s more, transvaginal mesh injuries can have a permanent physical and psychological impact. Injured victims are entitled to just compensation for their injuries.
If you have been injured, contact a transvaginal mesh attorney for a free case evaluation.
Background and History of Tranvaginal Mesh Injury Claims and Lawsuits
What is Transvaginal Mesh or TVM?
Transvaginal mesh is a product used to reinforce the vaginal wall in cases of Pelvic Organ Prolapse (otherwise known as Pelvic Floor Collapse) and Stress Urinary Incontinence. The product is produced using a polyester or polypropylene material. The product is implanted into the female uterus in order to support the vaginal wall.
In the 1970’s, gynecologist started to use surgical mesh in order to reinforce the vaginal tissue in order to treat or prevent pelvic organ prolapse. Pelvic organ prolapse, occurs when the supporting tissue between organs deteriorates or becomes weak. This commonly occurs after child birth, although there are other causes.
During the early 1990’s, surgeons started to use the surgical mesh, which was originally implanted in order to serve as a supporting mechanism for abdominal hernias, to treat SUI, or stress urinary incontinence. Transvaginal mesh was intended to prevent this issue from occurring. SUI occurs after pregnancy and can cause urinary leaks. As a result, physicians and surgeons used transvaginal mesh as a method to prevent or stop this type of issue. The device was marketed in the as a way to stop and prevent the embarrassing issues of SUI.
In turn, hundreds of thousands of woman signed up or elected to have the implants. In fact it is reported that over 250,000 woman elect to have this procedure conducted annually.
Capitalizing on the demand for the product the manufacturers of the product sold and marketed the product by using the 510(k) approval process. According to the 510(k) process certain classes of medical products can be sold or marketed without FDA approval.
Transvaginal Mesh Menu
– What is Transvaginal Mesh or TVM?
– Three classes of medical devices
– Common injuries
– TMS Lawsuits
– What to DO?
– Do I have a TMS Claim?
– List of Tranvaginal Mesh Producers
– Fighting for the Rights of Victims
– Dangers associated with Transvaginal mesh implants
– Did I Lose My Sex Drive?
– Victims of Transvaginal Mesh Implants
– What Joining a Class Action?
Currently there are three classes of medical devices. Class I devices are those which are considered “low risk”. Manufacturers of such devices are only required to give the FDA a 90 day notice before beginning to market the product. Class II products are those which require special oversight in order to assure consumer safety. Transvaginal mesh was categorized as a Class II product and gained market access through the use of 510(k) process. Class III medical devices are those which lack sufficient evidence to show their safety. These Class III devices require special controls and premarket approval before they are permitted to be sold. Additionally these types of products cannot be use the 510(k) approval process.
This process-510(k)-circumvents or avoids the heavily regulated FDA process. Rather by using 501(k) approval process the marketers of transvaginal mesh, including Johnson & Johnson and others were able to sell the product without stringent oversight. Marketers of the product improperly asserted that their product was substantially similar to the FDA approved product known as ProteGen, thus gaining approval through the 510(k) process. However the FDA approved PorteGen product was subsequently recalled after issues were found, particularly vaginal tissue erosion.
While ProteGen was removed from the market in 1999, other marketers of transvaginal mesh continue to market and sell the product to date. These companies are aware of the potential complications, particularly because they based their model and design after that of ProteGen. To date there are over 150 different transvaginal mesh devices which are approved through the 510(k) process.
Vaginal Mesh Injury Statistics
Transvaginal mesh implants are conducted each year. Important statistics include:
Statistical data has shown that over 250,000 procedures take place annually.
There are over 150 different transvaginal mesh devices marketed and sold each year.
While estimates show that 10% of patients suffer from complications within a single year of surgery, other estimates show complications in as high as 20% of patients.
Repairing the damage done by these procedures can be both emotionally and physically draining. Surgical procedures are often required to repair and remove the implant and many patients face permanent damage.
Common issues associated with mesh erosion can be infection, mesh contraction, bleeding, urinary issues and organ peforation.
In the years 2008-2010 there were over 2,500 reports of complications from tansvaginal mesh made to the FDA and the FDA reported and warned of these issues to health care providers.
Evidence indicating that transvaginal mesh implants are as effective as other traditional procedures have not been shown. Rather traditional methods are considered a better alternative.
Studies have shown that the mesh erosion can occur in as little as 3-months after surgery, thus long term exposure can more likely than not cause erosion.
Common injuries and medical complications associated with Transvaginal Mesh Implants: TVM Side Effects
Mesh implants can result in serious medical complications some common injuries include the following:
Erosion of the Vaginal Mesh through the vaginal mucosa
Severe pain and discomfort during sexual intercourse
Vaginal Infections and vaginal bleeding
Urinary and bladder control issues
Vaginal Contraction and shrinkage
Lawsuits for Defective Transvaginal Mesh
Those injured as a result of such implants are without a doubt entitled to compensation for their injuries. The scope of injuries can be serious to moderate. However the psychological impact and the potential financial cost may warrant the filing of a vaginal mesh injury lawsuit.
Learn more about your options for compensation by calling (888) 649-7166.
Transvaginal mesh lawsuits are filed under a product defect theory. A product liability claim for transvaginal mesh requires a qualified product liability attorney. In order to bring a cause of action for a defective product the injured party needs to show the following elements:
Defendant or manufacturer of the product was engaged in business of selling such a product;
The product was used in its intended or foreseeable manner, causing injury;
Product was defectively designed;
Defendant was responsible for designing the product defectively; and
Because of the defective design injuries occurred.
This is one of many different methods of establishing a cause of action for your case. It is also possible to assert a cause of action of a negligent design of the product or event a breach of an implied warranty. These different theories should all be consulted with a qualified transvaginal mesh attorney.
What to do if you have sustained complications and injuries from Vaginal Mesh Defects
There are number of steps which should be taken if you feel that your injuries are a result of a transvaginal mesh implant. First, you should contact your physician and get a proper opinion; often times they can determine the cause of your discomfort. Second, gather all necessary files including your medical information, communications between your physician and other information you have which you feel may be relevant. Third, contact a transvaginal mesh attorney. Seeking legal representation is important. Companies responsible for the manufacturing and distribution of these products will not settle with you directly. Rather you need an attorney to handle your case and obtain a viable settlement for your injuries.
Filing a Lawsuit for the Death of a Family Member from Transvaginal Mesh Implants: In some instances serious side effects associated with Transvaginal mesh implants, will result in death. Relatives of victims have the right to monetary recovery based on a Wrongful Death cause of action against manufacturers and distributors of medical implants. Jurisdictions across the United States have various restrictions regarding individual who may be permitted to file a wrongful death claim. For instances, under California Wrongful Death Code of Civil Procedure Section 377.60-377.62 a cause of action for wrongful death can be asserted by the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
Do I have a Transvaginal Mesh Injury Claim – Vaginal Mesh Defect Attorneys
Downtown L.A. Law Group deals with product liability cases and Class II medical device defects. If you have been injured contact our offices today for a free case evaluation. We will conduct a thorough analysis and review of your claim. Our attorneys can help you better understand your case and help you obtain the compensation you deserve.
List of Tranvaginal Mesh Producers and Manufactures:
The following is a list of mesh device manufacturers. If you have sustained complications resulting from any of these mesh devises contact our law firm.
American Medical Systems: Visit This Page for more information on American Medical Systems (AMS) Vaginal Mesh Litigation
Fighting for the Rights of Victims to Recover for Their Injuries
I have been writing about Transvaginal Mesh, its implications and the toll it has taken on woman over the years. Through representation of woman suffering from countless injuries resulting from surgical mesh implants, I have learned a number of insightful facts regarding this procedure that I would like to share. It is critical that woman be made aware of the dangers of this procedure, its implications and seek both medical and legal representation for their injuries.
This is not a advertisement of our services, it is merely a suggestion for woman suffering from the surgical implant to consider their legal options. Do not be embarrassed to contact an attorney; they have already heard it all before. Most offices, including ours, have a female staff member who will be able to address your concerns.
Getting to Know Your Surgical Mesh
Surgical mesh has long been used in the surgical profession for the treatment of various medical issues. However, in recent years it was used as surgical insert to help woman suffering from vaginal wall collapse. What was branded, publicized and ultimately sold to woman as a procedure that would better their quality of life, in fact diminished it substantially. These procedures according to a number of different surgical professionals should never have been conducted.
By the very nature of the procedure, surgical mesh implants in the vaginal wall are unsafe and dangerous. That particular area is a hotbed for e.coli and other bacteria. Once the mesh is implanted the wounds are never able to properly heal and constantly or chronically breakdown. As a result recipients of the procedure suffer incredible amount of pain.
To make matters worse woman were never fully informed of the potential complications. I always ask my clients, would they have opted for the procedure had they known of the risk? They almost always answer in the negative. However, large pharmaceutical companies are not about to walk away from millions if not billions of dollar of potential profits from the sale of these products. So instead of doing what is morally correct, inform the patient of the full risks and benefits and let them make a knowledgeable decision, they inform them only of what they felt was necessary. Completely neglecting to mention how dangerous it can be.
The surgical mesh which is installed in your body ultimately becomes a painful and often times debilitating addition to the human anatomy. Your body often times fails to bind to the mesh implant and begins to reject the product. As a result the exact purpose in which it serves begins to reverse on to itself. This causes the vaginal wall to collapse onto the mesh, causing excruciating pain. In fact there have been reports of woman attempting to take their own life from the pain associated from the implant.
It is important to your health and overall well being that you take steps to correct the pain. Do NOT assume it will get better on its own. Generally unless you have surgery the pain will likely persist.
Did I Lose My Sex Drive, My Partner or Both?
Here is another un-wanted consequence of surgical mesh or bladder sling implants. Due to the immense amount of pain associated with the surgery, you are unable to engage in sexual intercourse with your partner. As a result many women can experience frustration or a complete desire on having sex. In turn woman who attempt to have intercourse complain of their partner experiencing discomfort due to “poking” from the mesh implant.
It is not uncommon for relationships or marriages, which are otherwise healthy to be ruined as a result of this experience. Physical contact is one of our most innate and necessary functions. As social creatures we need to experience touch, love and compassion, without it we feel depressed and alone. Victims of mesh implants are robbed of this ability and most often suffer from severe psychological consequences.
What many significant others, partners or spouses fail to understand is that they can assert a claim for damages as well. This type of claim is typically referred to as a loss of services claim. Loss of services includes a host of different terms and should be considered in any legal claim you decide to pursue.
Who Are All of These Telemarketers and Solicitors?
So to make matters worse, you have a seriously painful condition and now are bombarded with phone calls daily from non-attorneys promising to help you. Essentially these “lead securement” companies were made privy to the fact that you had this procedure. In order to capitalize on it they start soliciting woman and selling the “lead” to attorneys.
Often times these attorneys are not qualified and fail to give you the one-on-one attention you deserve. Many are not prepared to expend the necessary amount of time and money in order to secure a successful verdict. Additionally, many fail to have the proper knowledge to pursue the case. As a result woman fall victim to the short end of the stick once again. Their claims are settled for pennies on the dollar and they are left feeling worse than before.
Attorneys have a duty to give you the best legal representation, do not trust companies soliciting you. Instead take the time to read and research the attorney you select. Don’t be afraid to call them and ask the important question and most importantly follow your instinct.
This is written by a REAL ATTORNEY not a telemarketer or a content writer. I am writing this because I care and feel compelled to answer these questions and make light of a relatively grim situation.
What Joining a Class Action?
A class action lawsuit works like this. 1st there is a number of people who are harmed by the same drug, incident or company. 2nd this group is given class action certification by the courts. 3rd attorneys search for members of the group to join the class. 4th a settlement is reached-not always-and each member of the class is paid equally.
Now if you consider this with regards to a surgical mesh implant, you can see some serious issues. For one what if your injuries are greater than other members of the class action? It won’t make a difference. Each member of the class is paid the same regardless of their injuries. And NO you cannot bring another lawsuit. Once you join the class you are bound by the decision and settlement.
What you should do if you have been given notice that you are part of a class action is immediately opt out. How do I opt out of a class action lawsuit? Each case is different, however that same document which includes you in the class, has an option available to let you opt out of the class.
Is it really worth it to opt out of a class action lawsuit? Let’s do some math and see. If the average class action settles for 80% less then what you should receive and say your injuries are twice or even three times as much as other class members, then it is fairly simple to understand that your case could have significantly more value.
I can explain all of this in our free consultation; contact my office so we can talk it over.
You Sound Knowledgeable, but I am Not In California?
Finally some good news, these type of cases are Federal cases and the location of the attorney is irrelevant. Any attorney in any state can represent a surgical mesh, bladder sling or Transvaginal Mesh implant recipient.
When you contact our Law Firm a Transvaginal Mesh Injury Attorney will immediately field your call and provide you with a detailed in depth consultation regarding any possible claims against medical device manufacturers. We are able to help victims of defective mesh implants across the United Stats including the California communities of Los Angeles, Orange County, San Diego, San Bernardino, and Long Beach. Our phone number is (888) 649-7166.
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Free Case Review 24/7 You Don't Pay Unless You Win
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST - 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.