Legal Information and Lawsuit News
Between 2005 and 2010, tens of thousands of women received implants of transvaginal mesh, primarily to address problems associates with pelvic organ prolapse and stress urinary incontinence. Unfortunately, it was not long before the United States Food and Drug Administration ("FDA") began receiving reports of adverse side effects in women receiving transvaginal mesh implants. The nature of these injuries described below, alarmingly common to women receving the vaginal mesh surgery, has led to the filing of more than 8,000 lawsuits in Federal District Court, now consolidated in West Virginia.
Common Injuries Associated with Transvaginal Mesh Implants
Transvaginal mesh lawsuits have been brought by thousands of womaen who have suffered the following serious side effects as a result of transvaginal mesh implants:
- > Pain
- > Mesh Erosion
> Urinary Problems
> Pain During Intercourse
> Recurrence of preexisting problems
In addition, the FDA issued a public health warning in July 2011, stating the following additional problems associated with transvaginal mesh surgery:
• Complications associated with TVM are not associated with traditional surgery
• Problems associated with TVM continue despite removal of the mesh
• As much as 10% of the mesh may erode within one year of implant
• Problems continue after TVM removal as complete removal is often impossible due to absorption
• Complications of TVM often outweigh benefits of the procedure
• Surgery to implant TVM has a higher incidence of second surgery than any other vaginal surgery
• Post-TVM incontinence is more frequent than with traditional methods
Partial Verdict of $3.35 Million Handed Down in First Transvaginal Mesh Trial
On February 25, 2013, in the first jury verdict to rule on whether Johnson & Johnson (J&J)’s Ethicon unit failed to properly warn of the risks of the vaginal mesh implant, Linda Gross, a 47 year-old South Dakota nurse, was awarded $3.35 million after having required eighteen (18) surgeries to correct problems experienced after a transvaginal mesh implant.
In the verdict handed down in Atlantic City, New Jersey, jurors ruled that the company failed to warn the implanting surgeon of the very serious complications that can arise after a transvaginal mesh implant using Ethicon’s Gynecare Prolift.
Medical device attorney William M. Audet of Audet and Partners, LLP hailed the verdict:
"The jury verdict sends a strong signal to the defendants in these cases that our clients are the real victims and have suffered serious injuries. My firm continues to be contacted by women throughout the United States and we will continue to fight for their rights. We continue to investigate and prosecute cases on behalf of women who have been implanted with implants manufactured by defendants including Johnson & Johnson, C.R. Bard, American Medical Systems, and Boston Scientific."
Judge Carol Higbee, presiding over the trial, is considering whether to allow Plaintiffs’s attorneys to pursue punitive damages, which are intended to punish the company. If so, the same jury would hear evidence and decide whether to award such damages. New Jersey caps punitive damages at five times compensatory damages, which in this case would be $16.75 million. Jurors delivered their verdict on the fifth day of deliberations. Ms. Gross had sought $3.38 million for lost earnings and past and future medical expenses. She also sought unspecified damages for pain and suffering.
For more information, contact Audet and Partners, LLP at (800) 965-1461, fill out and submit our confidential inquiry form to the right, or visit http://www.vaginalmeshlaws.com online.
The case is Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City).
How Audet and Partners, LLP Can Help You
Our attorneys have over 100 years of combined experience in defective product, defective medical device, consumer, class action, anti-trust and pharmaceutical litigation. When you work with an attorney at Audet & Partners, you can be assured of professional and experienced representation. Many of our attorneys have previously worked for some of the largest and oldest law firms in the country, and they bring that top notch experience here, for you. We have extensive experience in prosecuting claims for defective and dangerous medical devices similar to transvaginal mesh, and have an established track record in obtaining significant compensation for clients who have suffered serious injuries as a result of dangerous medical devices.
We offer free case evaluations that can quickly and confidentially identify the strength of your claim for compensation as a result of serious injuries associated with transvaginal mesh. To find out whether you may be entitled to compensation, you are urged to contact us by calling toll-free at (800) 965-1461, or by completing our free case evaluation form on the right of this page.
Persons seeking to preserve any potential legal claims should contact an attorney promptly, since all states have mandatory time periods in which lawsuits must be filed with the courts; otherwise, they may be forever barred.
About Our Firm
Audet & Partners represents individuals, governmental entities, small businesses and institutional shareholders in product liability, tort, negligence, consumer, construction defect, investment fraud, securities, insider trading, antitrust, environmental, whistle blower, aviation and employment cases. In recognition of their outstanding abilities and commitment to the legal profession over the years, the firm and its members have served as Court-appointed Plaintiffs’ Counsel in dozens of federal and state cases throughout the United States.