Transvaginal mesh is a plastic polymer medical device used to strengthen a woman's pelvic wall in the event of pelvic organ prolapse (POP). This happens when connective tissue around the pelvic organs is weakened, such as after childbirth. The mesh also has a use as a bladder sling when a patient has stress urinary incontinence (SUI). In 2010, 70,000 transvaginal mesh devices were used for prolapse, and 195,000 were used for incontinence. However, the FDA has discovered that 10% of women experience erosion of the mesh within a year. The mesh wears through the vaginal wall into surrounding tissues and organs so that the patient may need several surgeries to remove the mesh. If you have suffered harm due to transvaginal mesh or another defective medical device, the experienced product liability attorneys at Moll Law Group are available to represent you in seeking compensation for your injuries. Billions of dollars have been recovered in cases in which we have been involved.Pursuing Damages for Faulty Transvaginal Mesh
A surgical procedure is required to secure the transvaginal mesh to a patient's pubic bones. Usually the mesh is in the shape of a sling, which stabilizes the bladder, vagina, urethra, and other pelvic organs. Transvaginal mesh is supposed to be a long-term solution, but many patients have found that the implants eroded after a brief period and caused serious injuries, such as bowel and bladder damage or a recto-vaginal fistula. Over 20,000 product liability lawsuits have been filed against multiple manufacturers around the country. One manufacturer, Endo International, has agreed to settle product liability claims for $830 million.
A strict liability theory is often used in product liability cases. Strict liability is available when the product is defective, which means that it is unreasonably dangerous when it is used as intended or in a foreseeable way. There are three types of defects: manufacturing, design, and marketing. Manufacturers of a particular transvaginal mesh product may be held liable if the mesh is proven to have any of these types of defects. Design defects exist if there are flaws in the mesh's design that renders the product unreasonably dangerous to patients. Evidence that the mesh broke and eroded after a brief period is suggestive of a design defect.
Marketing defects are defects in the information given to consumers about the product. They are also known as failures to warn. If the foreseeable uses of a product come with unavoidable risks of injury or death, the manufacturer is required to provide adequate warnings to consumers. In most medical device cases, adequate warnings must be given to doctors, who are considered in the best position to evaluate a patient's suitability for a device.
There also may be allegations that the mesh has manufacturing defects. Manufacturing defects exist when a particular specimen of a product line deviates from the intended design and causes harm.
Transvaginal mesh injuries are sometimes the fault of a doctor as well as a manufacturer. A doctor who fails to warn a patient about the potential complications associated with implanting the mesh or who improperly implants the mesh can be held liable in a medical malpractice lawsuit. As in a product liability case, the plaintiff may be able to recover compensatory damages for medical bills, lost income, out-of-pocket expenses, pain and suffering, and mental anguish.Contact an Experienced Product Liability Attorney
People who have been harmed by the erosion or improper implantation of transvaginal mesh can explore their options with the product liability and medical malpractice lawyers at Moll Law Group. We represent injured consumers around the nation, including in states such as California, Florida, New York, Pennsylvania, Ohio, Texas, and Michigan. Call us at 312-462-1700 or use our online form to schedule a free consultation.