Transvaginal mesh patch is a device that is incorporated permanently in women who are affected by vaginal tissue damage during their child birth, injury and surgery. It was reported that most of the patients who were operated with the Transvaginal mesh patch were found have several complications like erosion of vaginal epithelium, severe bleeding, serious infection Prolapse of pelvic region, urinary incontinence, continuous pain, change in the quality of life and a potential threat for life in most of the cases. Women who are affected by this device can able to file a lawsuit against its manufacturers. On October 2008, Food and Drug administration in U.S warned the doctors and the patients about the complications in using the Transvaginal mesh patches in Pelvic Organ Prolapse and Stress Urinary Incontinence conditions. FDA also suggested the physicians to undergo a special training for handling the mesh patch operations with great concern. Most importantly the patient must be acknowledged about the complications involved in the mesh patch device and they should be periodically observed and their complication must be treated effectively.
The most common complications were reported to be vaginal tissues’ infection, intolerable pain, urinary problems and recurrence of prolapse and incontinence. These severe complications can lead to major reduction in patient quality of life because of the discomfort pain and dyspareunia. A case study reported on May 2012, in which a Colorado women filed a lawsuit against American Medical systems claiming that the product from the former company have caused numerous permanent ailments, which forced her to undergo multiple operations that did not help but left her with the pain. She reported with her law firm and it was informed that the woman had implemented with the American Medical systems’ Perigee system with InteXen LP and the Apogee system with IntenXen LP. The Food and Drug Administration of U.S “A number of proceedings have been reported to the FDA for the surgical mesh devices used to repair POP and stress urinary incontinence for the previous 3 year period was over 1,000. Though, it is a common ailment that affects the patients reporting to increase following a FDA safety communication, the agency is alarmed that the number of adverse event reports remains high”.
It is also observed that the traditional non-mesh methods known as colporrhaphy which involves the treatment of fixing connective tissues in the vaginal wall back together, that is quite effective in most of the cases and the patients can go for this due to less pain and side effects. Thousands of lawsuits have been filed against C.R. Bard, Johnson and Johnson and other manufacturers. Patients who are affected by this device can file a law suit against the respective company and can demand a certain amount of cash to equal the loss. The patients demand may include the cost of the device, surgery etc. If you or your loved one underwent this surgery involving the transvaginal mesh patch and have suffered by problems with the device, you are of course eligible to file a lawsuit and receive a settlement for your injuries. So know your rights and fight for it!
Types of transvaginal mesh patch lawsuit
Issues of transvaginal mesh patch lawsuit are one that many people have not gotten enough information about, and to that effect, they need more enlightening on these issues. There are different types of transvaginal mesh part lawsuits that people undertake or file, especially when it comes to the US where these cases are very predominant. But the two most prevalent types are the class action lawsuit and the personal injury lawsuit. The class action lawsuit is used to describe the type of lawsuit where the attorney in question is addressing the interest of the entire group that was involved in the case. Here, he files the case to prove that the manufacturers of the mesh did not take the safety of the people into consideration when they were manufacturing the product used for the surgery. The argument is that they did not hold up their duty over the people to insure they provide products that are safe for the consumption of the people.
When it comes to the personal injury case, the argument is the same thing, but the only difference is that here, he or she is arguing the case of a single person and not for any group of people. Here, the lawsuit is focused on the individual’s personal experience after the surgery. the main objects of all lawsuits however, is to prove beyond doubts that either the manufacturers did not manufacture safe products for the consumption of the masses, or that they failed to give full information on the side, adverse or negative effects that the use of these products can cause. So, whichever transvaginal mesh patch lawsuit you want to file must either come under the personal injury case or argued in form of a class actions lawsuit
How to choose an attorney for transvaginal mesh patch lawsuit
Getting the right attorney to argue your case against any company for injuries resulting from transvaginal mesh implant is not an easy one. Whenever you stand up to do something, you must see that you complete it well. This is the reason why you should not waste your time with nonchalant attorneys that are not suitable for the case. If you need an attorney for the lawsuit involving transvaginal mesh patch, you need to choose one considering these facts. Not all lawyers approach the case with the same criteria. Some like clean and smooth cases that do not involve more than one mesh implant, other surgeries or complications. Others like it complicated and are able to go ahead with any type of case. You have to consider all these especially now that the issue itself is getting complicated, so as to avoid your case being rejected.
You have to choose the lawyer from a firm where all your concerns are answered in the shortest possible time. Their customer service must involve the three systems of the toll free line, the instant messaging and email box. All these must be working 24 hours of the day. Ask questions before you choose. Know who your contact person in the firm will be. Ask whether the lawyer handling your case is experienced with such cases and know the level of the experience. You also need to know whether the case will stay with them or whether you will be referred to another firm in the future. Other thing you should ask is whether you can switch if you are not treated well by the staff of the lawyer and whether there will be any financial loss if you do so.
Limitations to transvaginal mesh patch lawsuit
A lot have been said about transvaginal mesh lawsuit and many people are now ready to take advantage of the condition to get them some compensation for a complete life damage that has been brought about by some level of negligence. But the truth about it is that filing a transvaginal mesh patch lawsuit might not be as simple as it seems. This is the reason why you must get advice from your surgeon and the attorney before you can go ahead with the lawsuit. However, before we go into the limitations, we have to consider some of the conditions you must meet before you file the suit. There are some rules that guide the lawsuit, which you need to be abreast with.
The first condition is that before you ever think of going for the lawsuit, yourself, your wife, sister, mother, or any relative must have received a transvaginal mesh patch from a recognized surgeon. The surgery must have given you complications, pains and medical negative conditions that are medically verifiable. There must be medical verifications for your claims, and this must be attested to by a medical personnel. The third is that you must be filing for yourself or on behalf of a relative, and in the case where the relative is alive, she must be aware of the suit and she must give her approval.
The next and most important rule about this is the rule of duration and the time frame to file the suit. There are limitations to the time limit for which you can file the lawsuit. However, the time frame we are talking about starts counting from the day you underwent the surgery. In democratic nations like the US where each state has legal autonomy, it varies from state to state. The generally accepted number of years for most of the states is between one and six years. But due to some peculiarities, some of the states might allow up to 10 years time limit for which you are entitled to file a suit. However, for you to qualify for hearing or any compensation that might result from the suit, you must file within this time frame. But some other things involved in the matter is that if the actual person cannot file the suit, his or her relatives can go ahead with it. For example, in a case where the women that suffered the case have died, probably due to the complications, the husband has the right to file the case.
When you want to file the lawsuit, you can simply walk to any of the attorneys that are versatile with the issues involved in it. However, there are numerous attorneys that have dedicated themselves to the act of undertaking such lawsuits and making sure you get the best from such. You are better off filing through these attorneys. This is because they have gone into the intricacies involved in the suit and knows how to give you the best. You will be required to fill out a form where you give your name, phone number, email addresses, city, state, zip code, and the symptoms you have been suffering since after the surgery. The surgeon that performed the surgery on you, and the manufacturers of the mesh that was used on you is also given. If out of ignorance you do not have the last information, you have to contact your surgeon and get this from him or her.
Examples of transvaginal mesh patch lawsuit
The issue of transvaginal mesh is a complicated one. The truth about it is that the manufacturers of these meshes set out to solve one of the most gruesome problems experienced by the women folk. But due to some sort of negligence, this led them into more problems than it has solved. Now, there are lots of lawsuits established against these manufacturers. These lawsuits are mainly cases of personal injury filed by people that believes they now suffer a lot of problems due to the implant they received. The number of transvaginal mesh patch lawsuits in the US where it is prevalently used has risen to the extent that a single state is said to have up to 500 pending lawsuits. This attests to the level of problem this has brought about.
One of the victims of this goes by the name Scott. She is 33, and in her own case, she complained that she was implanted with a Bard Avaulta Plus mesh in 2008 and this treatment was meant to put a stop to some urinary incontinence that she experienced. But the problem that brought her to the court of law is that she is now suffering from consistent and chronic pain in her vagina, and this pain no longer allows her to have intercourse with her husband, as this has become so painful.
It was only in November 2008 that she got the information that the FDA has issued some warning on the possible problems with the transvaginal mesh implant, and this made her to file the lawsuit in January 2009. While testifying in the law court, she posited that she has not been able to urinate normally for the past six months and that she could only pass out urine with the help of catheter. Other problems that she witnessed are that the bard mesh used on her has protruded through and into her vagina. It also broke into pieces and eroded into her body. It has also intertwined with some of her pelvic organs and tissues. All these make intercourse very impossible for her. The result is that she also experienced lacerations, infections and abscesses. This even got to the extent that she needed a psychologist to help her with the psychological damage, and the psychologist also testified that she will need the therapy all through her life, to be able to live with the condition. After hearing her case, a compensation of $5.5 million was awarded to her by the law court.
Another victim of the transvaginal mesh implant complication had her engagement called off by her fiancé because of the fact that they cannot have sex without pains since after the surgery. She said she understands her partner because it is not his fault. For her, the result of the whole issue has made her life a downward spiral in all ramifications. She said that she has had chronic pelvic pain and some sort of recurring bladder infections. She said that this has also led her to gain some weight, and she now suffers some level of depression. For her, the worst part is that she is now down financially, and this is because of the fact that she is taking many days off from work, so as to undergo tests and some lab work and in the bid to find the appropriate doctor to treat her. She also has a pending transvaginal mesh patch lawsuit.