American Medical Systems Transvaginal Mesh
Transvaginal mesh injuries can cause devastating pain to women who suffer from pelvic prolapse or stress urinary incontinence. Injuries associated with transvaginal mesh include pain during intercourse, mesh embedding in tissue, and organ perforation. Often, these injuries require further surgeries that may be expensive. Many manufacturers, including American Medical Systems, have been sued in product liability lawsuits because these lawsuits are the principal way for consumers to recover damages for the harm caused by transvaginal mesh. If you have been hurt by an American Medical Systems product, the AMS transvaginal mesh lawyers at Moll Law Group are available to help you recover compensation for your injuries. Billions of dollars have been recovered in cases in which we have been involved.American Medical Systems Transvaginal Mesh Claims
American Medical Systems (AMS) has made two major settlements in connection with transvaginal mesh claims, the first for $54.5 million and the second for $830 million. Theories asserted in these cases include strict liability, breach of implied and express warranties, negligent misrepresentation, and fraudulent concealment.
Design defects alleged against AMS include the use of collagen and polypropylene, which are linked to adverse reactions, as well as a design that permits significant levels of bacteria to stick to the mesh, biomechanical design issues that cause shrinkage inside the body, deformation after prolonged exposure to body tension, inelasticity that causes the product to improperly attach to the pelvis, and fragmentation over time. In addition to design defects, patients and their AMS transvaginal mesh attorneys have alleged failures to warn of the risks posed, including the tendency of these products to fail, and failures to adequately test the products.
In most states, it is possible to bring a strict liability claim against a manufacturer and others in the chain of distribution. With a strict liability claim, a plaintiff needs to establish an actionable defect and a causal link connecting the defect to his or her injuries. However, in some states, it is necessary to establish negligence. In those states, a plaintiff needs to establish that a manufacturer's conduct fell below a particular standard of care.
Generally, if you can establish negligence or strict liability, you can recover compensatory damages, including economic damages such as the medical costs of procedures to fix the problems caused by transvaginal mesh. Noneconomic damages may be considerable in transvaginal mesh cases because the pain, suffering, and emotional distress associated with these products degrading, fragmenting, or otherwise injuring a woman are significant. In some cases, these products have ruined romantic relationships or caused serious harm to a relationship, due to the degree of pain involved.
When a plaintiff is able to establish fraudulent concealment or misrepresentation by clear and convincing evidence, it may also be possible to recover punitive damages. These are damages awarded to punish a defendant's wrongdoing and deter future wrongdoing. Clear and convincing evidence can be a difficult standard for plaintiffs to meet. However, if it is met, the punitive damages will be proportionate both to the egregiousness of the defendant's conduct and the defendant's worth, within the constraints required by the Constitution.Contact an AMS Transvaginal Mesh Lawyer to Pursue Compensation
If you are injured due to American Medical Systems transvaginal mesh, you can bring a product liability lawsuit to recover the substantial damages you may have incurred. The AMS transvaginal mesh attorneys at Moll Law Group are available to represent you. We are a firm made up of tenacious lawyers and compassionate consumer advocates. Our firm represents people who have been injured by defective products across the U.S., such as in California, Florida, New York, Texas, Pennsylvania, Illinois, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation with a product liability attorney.