Transvaginal mesh is a flexible patch that is implanted on the vaginal wall in order to strengthen its structure. It is most commonly used to correct two conditions: pelvic organ prolapse (POP) and stress urinary incontinence (SUI). While POP is a weakening of the pelvic muscles that allows organs to slip out of place, SUI is the loss of bladder control brought on by a cough, sneeze, exercise, laughter, or other strenuous activity.
The problem is that TV mesh has been linked to a number of serious complications. As a result, many patients have filed injury suits against the manufacturers of the mesh. This article offers an overview of common complications and how transvaginal mesh injury suits work.
In 2008 (updated in 2011), the Food and Drug Administration issued a warning regarding complications arising from TV mesh implants. According to the FDA, the complications aren't rare and can require extensive medical treatment. In addition, many patients have experienced a re-occurrence of POP or SUI as a result of the complications, causing the effectiveness of the procedure to be called into question.
One of the most common complications is mesh erosion. It occurs when the implanted mesh begins to break down and erode shortly after placement. Since the mesh fragments are entwined with the tissue, removing them can be an extremely complicated procedure.
Organ perforation is another common side effect of the procedure. The sharp pieces of mesh left over from mesh erosion can slice and perforate nearby organs, causing internal bleeding. Urine and fecal matter may also be released into the body as a result of the perforations, leading to serious infections. Patients who experience mesh erosion or organ perforation often require extensive treatment, including surgical procedures, IV therapy, blood transfusions, and drainage of hematomas or abscesses.
TV mesh complications can cause patients a great deal of pain, seriously impairing their quality of life. The resulting treatment can also lead to huge medical bills. In order to receive compensation, many patients have brought transvaginal mesh injury suits against the manufacturers of TV mesh. In 2013, a New Jersey jury awarded $3.35 million to a South Dakota woman after Johnson & Johnson allegedly failed to adequately warn her doctor of the potential dangers of a vaginal mesh implant and misrepresented the product in brochures.
Under product liability law, products are generally required to meet the ordinary expectations of consumers. By eroding after only a short period of time, some TV mesh implants arguably fail this test. As a result, the manufacturers of defective mesh may be held liable for any injuries that result from the defect.
However, the manufacturer isn't the only one who can be held liable for a transvaginal mesh injury. Doctors who improperly implant the mesh or fail to warn patients about the possible complications may be liable as well under a medical malpractice theory. In a successful TV mesh suit, the plaintiff often receives damages for any medical expenses, lost wages, and pain and suffering that resulted from the injury.
Preparing a transvaginal mesh case can be a difficult process, and often requires expert witnesses, medical evidence, and a detailed knowledge of product liability law. That's why it's often a good idea to meet with a legal professional first to discuss the strengths and weaknesses of your case and advise you on your legal options. Contact an experienced product liability attorney near you.
