Transvaginal mesh was marketed and sold as a surgical treatment for pelvic organ prolapse and stress urinary incontinence by seven different manufacturers. Lawsuits have since flooded the courts with claims of painful and debilitating side effects requiring multiple surgeries.
To date it is estimated that over 100,000 women have filed lawsuits against the seven drug companies with claims that the drug companies failed in their responsibility to provide a safe and effective product. The claims allege that the drug companies provided false and misleading information instead, regarding the safety and effectiveness of their pelvic mesh products. The lawsuits claim that the products caused permanent and debilitating injuries. In addition there are several other allegations contained in the lawsuits including:
- Deliberately misleading the FDA, physicians, patients as well as the general public regarding the safety and effectiveness of TVM
- Failure to conduct critical testing and research to determine the risk levels concerning the use of surgical mesh for the treatment of female pelvic disorders
- Failure to issue warnings regarding the potential for injury and other adverse effects
- Failure to establish safe and effective removal methods for transvaginal mesh
Surgically implanted mesh can begin to erode through vaginal walls and other internal organs particularly the bladder. The chance of bladder perforation is increased by 700%. The detrimental side effects can include extreme abdominal pain, painful intercourse (Dyspareunia) incontinence and the requirement for multiple surgeries. These side effects can cause difficulty performing simple physical activities such as walking and sitting. Another issue caused from Dyspareunia is lack of consortium due to intercourse pain becoming unbearable. Every part of a woman’s life becomes negatively impacted including work, relationships and normal daily activities.
Federal Multi-District Legislation and the FDA
Nearly 50,000 lawsuits against the seven TVM manufactures have been consolidated in multi-district legislation MDL in the Southern District of West Virginia under Chief Judge Joseph R. Goodman. Judge Goodman has also given charge to the FDA to oversee an investigation of the drug companies in the case to identify any infractions. This includes finding a paper trail to get a clearer picture of the manufacturer’s regulatory control and product safety. In addition to the MDL, there exists thousands more trials waiting in state courts across the country. The majority of the TVM cases are against American Medical Systems and Ethicon. Others named in lawsuits are C.R Bard, Cook Medical, Coloplast and Boston Scientific who was also accused of illegally smuggling surgical mesh from China. One single award was handed down against Boston Scientific for $100 million. That case is pending appeal.
Filing a TVM Lawsuit
If you are a woman who has suffered due to the use of TVM you can join the litigation against the drug company that produced, marketed and sold the injurious mesh product. You should contact an experienced mesh attorney for an evaluation of your case to determine the right legal path. You may be entitled to collect compensation for present and future medical expenses, lost income, loss of consortium, pain and suffering as well as a diminished quality of life. In some cases punitive damages may be awarded also.
If you were injured due to the use of TVM, the defective drug attorneys at Dolman Law would like to offer you a free consultation. Do not wait as the statute of limitation applies. Call us today at (727) 853-6275.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652