If you have experienced life-altering side effects after receiving a transvaginal mesh implant, you are certainly not alone. Since the early aughts, hundreds of thousands of women have filed lawsuits against transvaginal mesh manufacturers alleging that these products caused their serious health issues. Below is an overview of the history of these cases, and information about how to file a transvaginal mesh lawsuit if you believe you were harmed by this medical product.
If you are unsure whether you have a case, the New York transvaginal mesh attorneys at Buttafuoco & Associates may be able to help. Call 1-800-NOW-HURT for a free consultation.
What is a Transvaginal Mesh Implant?
Transvaginal mesh implants are used to treat a wealth of issues that women commonly experience after childbirth. The most common condition the mesh treats is known as stress incontinence, or bladder leakage, where high-impact activities such as running and jumping cause bladder leakage. (In some women, even everyday actions like sneezing or coughing result in leaks.)
Transvaginal mesh is also used as a treatment for women suffering from pelvic organ prolapse. In this condition, the muscles, tissues, and ligaments of the pelvic floor that hold pelvic organs in place become damaged or weakened, allowing pelvic organs such as the uterus, rectum, or bladder to move out of place. In addition to childbirth, activities like heavy lifting, hormonal changes following menopause, and even obesity can result in pelvic organ prolapse.
Transvaginal mesh works to treat the symptoms of these disorders by supporting organs and repairing tissue damage. However, the downside is that it has proven to cause serious complications. The products were pulled from the market in 2019, but victims continue to suffer today.
If you or a loved one has been harmed by this medical device, keep reading to learn how a Buttafuoco & Associates transvaginal mesh lawyer serving New Jersey may be able to help.
Serious Complications of Transvaginal Mesh
Women suffering from pelvic prolapse and stress urinary incontinence frequently received transvaginal mesh implants to treat their symptoms, but it quickly became apparent that the medical devices caused serious side effects, including:
- Shortening and tightening of the vagina
- Bowel and bladder perforation
- Painful sexual intercourse
- Painful urination
- Return of vaginal prolapse
- Return of stress urinary incontinence
These symptoms can be life-changing, especially if the transvaginal mesh erodes and causes injury to vaginal tissues. Sometimes these changes can be permanent, and become incredibly destructive to women’s sex lives. Suffering is not only physical, but mental as well: we are taught to trust in our healthcare providers, but in this case, thousands of women were misled.
Accusations Against Manufacturers
Between 2012 and today, women who were harmed by vaginal mesh have won upwards of 20 lawsuits, totaling more than $300 million. The women’s lawsuits claim that manufacturers, who had a duty under the law to ensure that their products were safe and effective, intentionally provided misleading information in order to turn a profit. Victims have also claimed that companies failed to properly test these products, did not sufficiently research associated risks, and failed to determine safe and effective methods for removing these materials from the body.
On more than one occasion, patients have won multi-million dollar lawsuits, including a $68 million 2018 New Jersey court ruling in favor of plaintiff Mary McGinnis, and an $80 million verdict in favor of Patricia Mesigan in 2019. In 2021, a New Jersey jury ruled in favor of Elizabeth Hyrmoc after she experienced pain, suffering, and loss of conjugal relationship due to defective mesh, awarding $15 million to be paid out by J&J subsidiary Ethicon. Even as far back as 2014, New Jersey juries ordered Boston Scientific to pay $18.5 million to four victims, and in February 2013 ordered Ethicon to pay upwards of $11 million to victim Linda Gross.
Transvaginal mesh manufacturers have also been held accountable by lawsuits from individual states. In February of 2023, the U.S. Supreme Court upheld a $302 million verdict against Johnson & Johnson in which the state of California claimed that the company had concealed the serious risks of these products. In March of 2021, Boston Scientific paid $189 million to settle claims made by 47 states, who said the company used deceptive marketing tactics in advertising its products. In February 2023, Ethicon agreed to pay the state of Kentucky over $10 million.
As you can see, there is no shortage of evidence against these negligent corporations. If you believe you were harmed, there is precedence for a lawsuit.
How to Prove a Transvaginal Mesh Claim
If you believe you have been harmed by a transvaginal mesh product, you’ll need to present a convincing case to receive compensation from the manufacturer. To do this, you will need to demonstrate that from a product liability perspective that the mesh was defective, either in its design or manufacturing, or that it did not include sufficient safety warnings or instructions. You’ll also need to prove that these defects were due to the manufacturer’s negligent or misleading actions, and that these actions caused your injuries.
Building this type of case requires a significant amount of legal expertise, especially since large manufacturers are backed by enormous legal teams who will argue that the products are in no way defective. Your case will likely rely on expert testimony from doctors, researchers, and others who have experience evaluating medical devices. To have a fighting chance at trial, it is important to work with an experienced product liability attorney.
What to Do If You Have a Transvaginal Mesh Case
If you have been the victim of a manufacturer’s defective transvaginal mesh, it is important to set up a consultation with a New York transvaginal mesh lawsuit attorney right away. At Buttafuoco & Associates, our team will review any evidence you have, including surgical and medical records, names of doctors and hospitals, and notes about pain and suffering you have experienced. Our legal team can then help you determine whether you have a case.
To learn more through a free consultation, get in touch with us today at 1-800-NOW-HURT.