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Vaginal Mesh Lawsuits Moving Through State and Federal Courts by Sandy Liebhard





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Vaginal Mesh Lawsuits Moving Through State and Federal Courts by
Article Posted: 04/02/2013
Article Views: 203
Articles Written: 5
Word Count: 627
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Vaginal Mesh Lawsuits Moving Through State and Federal Courts


 
Health,Business
Serious and life-changing injurieshave prompted thousands of women to file vaginal mesh lawsuits against device manufacturers such as American Medical Systems, Johnson & Johnson, C.R. Bard, and Boston Scientific. In March 2013, a plaintiff who claimed she suffered serious vaginal mesh complications from an Ethicon product was awarded $11.1 million in compensatory and punitive damages in New Jersey Superior Court. The case was the first Ethicon transvaginal mesh lawsuit to come to trial in the nation. The previous summer, a woman in a C.R. Bard lawsuit was awarded $5.5 million in damages by a California jury. Vaginal Mesh Recall Transvaginal mesh device implants used to treat pelvic organ prolapse and stress urinary incontinence were approved through a Food & Drug Administration (FDA) process known as 501(k) clearance. In 1999, a vaginal mesh recall was issued for a Boston Scientific product called Protegen. Despite this recall, the FDA still permitted the Protegen device to be used as predicate device for other 510(k) mesh approvals. In October 2008, the FDA issued a Public Health Notification regarding serious complications associated with the use of vaginal mesh in prolapse and stress urinary incontinence repair. In July, the agency issued an update, after finding that serious complications associated with surgical mesh for transvaginal repair of pelvic organ prolapse are not rare, a change from the position it took in 2008. Since the Protegen recall, no other vaginal mesh recalls have been issued. While Johnson & Johnson’s Ethicon unit did stop selling several Gynecare mesh devices in 2012, the company says the decision did not constitute a recall, and had nothing to do with safety issues. In January 2012, however, the FDA did order the manufacturers of transvaginal mesh devices to conduct safety studies of their products used for prolapse repair, and the agency is considering a proposal that would forbid 510(k) clearances for products used in prolapse surgery. Caginal Mesh Lawsuit Since the FDA issued its alert, thousands of women have filed vaginal mesh lawsuits against the makers of transvaginal mesh devices in state and federal courts throughout the country. Vaginal mesh lawyers are representing many of these plaintiffs in four multidistrict litigations underway in U.S. District Court, Southern District of West Virginia. These cases include: • In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2325”) • In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2326) • In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2187”) • In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (“ MDL No. 2327”). Also, two consolidated proceedings over vaginal mesh claims are underway in New Jersey Superior Court, Atlantic County, and involve products manufactured by Ethicon Inc. and C.R. Bard: • In re: Pelvic Mesh Litigation/Bard, No. L-6339-10 • In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10). Aginal Mesh Complications Vaginal mesh lawyers report that women implanted with these products have suffered injuries that include erosion through the vaginal epithelium, bleeding, painful sexual intercourse, urinary problems, infection, POP and/or SUI recurrence, chronic pain, and vaginal scarring. Victims of serious vaginal mesh complications can still file lawsuits seeking compensation for their injuries. It is vital, however to contact an attorney with experience litigating medical device claims, especially transvaginal mesh lawsuits. Potential plaintiffs should also keep track of medical appointments, days missed worked, and any other expenses incurred as a result of their injures, as these records will help their vaginal mesh attorney prepare a strong case on their behalf. About : A leader in litigating cases involving defective medical devices, dangerous drugs and consumer products, Bernstein Liebhard LLP is a New York-based law firm that has been exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993.


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