As Transvaginal Mesh Liability Cases Continue, Know Your Legal Rights
By Dean I. Weitzman, Esq. on September 29th, 2017
Juries continue to award millions of dollars in damages in pelvic mesh injury cases across the nation, including a $57.1 million jury verdict recently reached in a transvaginal mesh product liability lawsuit in the Philadelphia Court of Common Pleas.
In that case, plaintiff Ella Ebaugh, a Pennsylvania resident in her 50s, underwent surgery to place Ethicon TVT-Secur mesh in her pelvic area in 2007 to resolve urinary incontinence issues. The original surgery was followed by a second surgery to install a related device two months later when the original surgery failed to resolve her condition, according to a Sept. 14 story by The Legal Intelligencer.
Over the next several years, the device that had been installed “eroded through her urethra on three occasions, requiring three revision surgeries between 2011 and 2016,” according to the story. Ebaugh’s lawsuit alleged “the company failed to tell patients and physicians about the risks associated with the products, and withheld information about the complications from the medical community.”
Ebaugh, who alleged that she suffered injuries from the implanted products including incontinence, pain and scarring, was awarded $7.1 million in compensatory damages and $50 million in punitive damages by the jury. Ethicon is a subsidiary of Johnson & Johnson.
Transvaginal mesh (TVM) is a synthetic netting implanted in women to treat pelvic organ prolapse (when pelvic organs fall out of place) and urinary incontinence (involuntary urine leakage). Pelvic organ prolapse (POP) occurs when the cervix, uterus, bladder or other reproductive organs slip down into the vagina due to the weakening of pelvic muscles. Worldwide, hundreds of thousands of women have undergone surgery to implant transvaginal mesh. Unfortunately, tens of thousands of those women have suffered from unexpected transvaginal mesh injuries.
Transvaginal meshes have been shown to cause numerous injuries, including infections, internal bleeding, nerve damage, perforation of other organs and blood vessels, erosion of the vaginal mesh, problems and pain while urinating, incontinence and pain during sexual intercourse.
Women who are injured by these pelvic mesh products need to know their legal rights and be aware of statutes of limitations that affect such cases, which follow what is known as the “discovery rule.” Many victims of the surgeries had their surgeries many years ago. Normal statutes of limitations provide about two to six years to file a lawsuit for damages if you are injured.
What victims need to know is that this time frame starts when they first realize that their injuries were caused by the pelvic mesh, when they put together the mental, medical and procedural scenario acknowledging how they were injured.
Many women don’t realize that their ongoing and often mysterious medical problems were caused by the pelvic mesh until they see legal ads about the conditions and learn about legal avenues available for their injury claims. These victims have been undergoing health issues but hadn’t put it together that the problems were related to the medical procedure and mesh products.
What you need to know is as soon as you realize this connection, that’s when the statute of limitations begins and your legal window for action begins to tick down. This is when you should begin to pursue your legal case against the manufacturers of the mesh products. Once your lawsuit is filed, this stops the statute of limitations from ticking down because your case is now in the court system and can be heard.
Pelvic mesh was originally a product intended for use in sterile surgical sites during abdominal surgery, but then was used later as a secondary way to prop up the internal organs of women after child bearing years when their organs folded down and collapsed. The problem is that the mesh begins to break down into a myriad of pieces and causes havoc in a victim’s body. When this happens, the pieces of mesh are almost impossible to remove it and cause a wide range of dangerous health conditions.
Many of our clients have had multiple surgeries to try to correct these problems, but the injuries are lasting and often painful and debilitating.
Serious injuries due to defective vaginal mesh products continue to be a serious health problem for a growing number of women across the United States. Patients who suffer from the crippling injuries caused by these defective mesh devices need skilled, compassionate and dedicated legal teams to help them recover damages for their injuries, pain and suffering.
Women have been injured through these kinds of surgeries because the vaginal mesh manufacturers released and sold products which continue to be problematic for thousands of patients. Instead of being led by concerns over clear patterns of serious medical problems from these products, the manufacturers continue to be motivated only by profit and sales, harming the patients who are being victimized by vaginal mesh implants.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one has been seriously injured in a case involving vaginal mesh devices and products anywhere in the United States. We represent the families of victims as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-789-9346 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
When Winning Matters Most, Call MyPhillyLawyer.