Coloplast Transvaginal Mesh
Coloplast transvaginal mesh is a product that has been used to repair stress urinary incontinence and pelvic organ prolapse. When pelvic organ prolapse occurs, the bladder, uterus, or rectum sags into the vaginal area. Transvaginal mesh can be implanted to repair damaged tissue and provide support to weakened organs. However, some transvaginal mesh products have been associated with serious adverse consequences, such as pelvic pain during sex, contraction or shrinkage, infections, erosion or extrusion of the mesh, and other complications. One transvaginal mesh product that has been a subject of litigation is Coloplast transvaginal mesh. If you suffered injuries related to this transvaginal mesh, you may be able to recover damages for your losses. You should consult the Coloplast transvaginal mesh lawyers at Moll Law Group. Billions of dollars have been recovered in lawsuits in which we have been involved.Coloplast Transvaginal Mesh
The transvaginal mesh products manufactured by Coloplast Corp that may have caused injuries include Axis Biologic, Suspend Biologic, Novasilk Mesh, Exair Mesh, Restorelle Smartmesh, Aris Sling, Minitape Sling, Omnisure Sling, and Supris Suprapubic Sling. Lawsuits have been filed against Coloplast, alleging that the manufacturer did not adequately research these products and therefore failed to give adequate warnings to the medical community and women about the risks of serious injuries that they carry. The FDA has received complaints about these products, along with other similar vaginal mesh products and slings made by other companies.
In some cases, the complications arising out of the implantation of Coloplast transvaginal mesh are quite serious. The mesh may cut through internal tissues, resulting in scarring or fistula formation. The mesh may erode, resulting in fragments that cause internal damage. Sometimes the full surgical removal of the transvaginal mesh may be required, and the surgery carries a risk of further damage to organs and nerves.Product Liability Claims Related to Transvaginal Mesh
If you were injured due to using this product, our Coloplast transvaginal mesh attorneys may be able to recover damages. Through a product liability lawsuit, you may be able to hold a manufacturer liable for a defective medical device. Damages that may be recovered in a successful lawsuit may include medical bills for the cost of surgery and doctors’ visits, lost income, pain and suffering, and loss of enjoyment of life.
Generally, there are three classes of defects that are actionable: marketing, manufacturing, and design defects. Most transvaginal mesh claims involve marketing or design defects. Design defects are flaws in how a product is designed; usually, with a defectively designed product, every iteration of the product contains that flaw. Design defects are distinct from manufacturing defects, which usually involve one-off errors in constructing a device. In some jurisdictions, you are required to pass an alternative design test regarding a defectively designed product, while other jurisdictions use a consumer expectations test. Under the alternative design test, you would need to show that there was a safer and economically feasible alternative design that could have been implemented without destroying the function of the transvaginal mesh. Our lawyers can help Coloplast transvaginal mesh users investigate whether the evidence supports this argument. The consumer expectations test would look at whether the transvaginal mesh presented a threat of harm that was greater than what the ordinary consumer would expect.
Marketing defects usually involve a failure to warn. A manufacturer can be held liable for a failure to warn about risks inherently associated with a certain product. However, under the learned intermediary doctrine, a manufacturer cannot be held accountable for failing to provide an adequate warning to a patient if an adequate warning or instruction was given to the doctor who prescribed the medical device.Theories of Liability
In a claim arising out of a dangerously defective product, you may be able to recover damages under a theory of strict liability or negligence. To establish strict liability for injuries caused by transvaginal mesh, you will need to show that it is more likely than not that there was an actionable defect in the transvaginal mesh, the defect caused your injuries, and you incurred damages. You do not need to show that the manufacturer’s conduct fell below a certain standard of care. In contrast, if you pursue damages under a theory of negligence, you would need to show that the manufacturer owed you a duty of care, the manufacturer breached the duty of care, and the breach caused your damages.Consult an Experienced Product Liability Lawyer
The serious injuries associated with Coloplast transvaginal mesh can be painful and can require expensive surgeries to treat. If you were injured due to the implantation of Coloplast transvaginal mesh, our knowledgeable attorneys may be able to help you sue for damages. You can call Moll Law Group at 312.462.1700 or contact us online.