Revision surgery for a transvaginal mesh implant
can be a painful and serious procedure. This operation which is called transvaginal takedown surgery or revision surgery can be exhaustive. Many times there are multiple surgeries which will be required in order to remove the mesh. Each of these surgeries will be considered in your claim against a manufacturer of transvaginal mesh. In certain cases courts have considered awarding punitive damages for victims who have required multiple revision surgeries.
Punitive Damages in Transvaginal Mesh Claims
Punitive damages are awarded in a small percentage of cases. What punitive damages are designed to do is punish the defendant. Generally the punishment comes in the form of financial compensation for the injured party. Punitive damages are awarded when it is found that the defendant concealed or lied about the impact of the product. In such cases it is possible to seek punitive damages as a form of compensation.
Punitive damages have been requested in transvaginal mesh lawsuits against Johnson and Johnson. Court records indicated that J&J Ethicon
unit failed to warn of known risks of a vaginal mesh implant and they made fraudulent misrepresentations. These types of misrepresentations are sufficient to bring forth a cause of action for punitive damages.
When a manufacturer knows of certain risks associated with a product they are required to inform potential users. Failure to warn or give proper warning can expose the manufacturer to liability. If it is found that the manufacturer had knowledge which it concealed they will be liable for potential punitive damages.
How Much Is Punitive Damages Worth?
There is no set value on punitive damages. Instead the value is generally calculated by assessing the extent of deceit perpetrated by the defendant. If it is shown that there was extensive lying or deceit conducted, then the jury may ultimately award a greater amount in damages.
Each case is different and the totality of the facts must be considered before making a final decision. Understanding how punitive damages work is important. You may not always be entitled to punitive damage awards. In some cases there are mitigating factors which will reduce this amount entirely. It is important to speak with your attorney regarding potential punitive damages in transvaginal mesh cases.
Recent reports have indicated that certain manufacturers may be liable for punitive damages under certain circumstances. If you have been injured take the time to consider your rights. Each transvaginal mesh case is different. The reason being that some woman who undergo the treatment do not need revision surgery. In other cases certain woman suffer from consistent infection from improper device installation.
In many cases woman would have never opted to have the implant installed had they known of potential issues. Many woman were not properly screened for the procedure and end up paying a hefty price.
If you have been injured as a result of a transvaginal mesh implant you can contact the Downtown L.A. Law group for a free consultation. Our no win no fee guarantee ensures that you pay nothing unless we are absolutely successful in winning your case.
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