Who Qualifies for a Vaginal Mesh Lawsuit?

ON this page we will look at who qualifies to file a vaginal mesh lawsuit. We will explain the criteria our firm uses to screen these cases and discuss the primary injuries involved in the vaginal mesh lawsuits.

What are the Vaginal Mesh Lawsuits About?

Transvaginal mesh, also referred to as vaginal mesh, is a specialized type of surgical mesh implant designed for reinforcing and strengthening weakened or injured tissue during surgical procedures. These mesh products are specifically crafted for female pelvic reconstructive surgeries, which are commonly performed to address issues like pelvic organ prolapse and stress urinary incontinence. These conditions result from the weakening of pelvic muscles, leading to the descent of organs such as the uterus, bladder, or rectum into the vaginal area. Surgical intervention aims to repair and fortify these weakened pelvic muscles.

The use of vaginal mesh in pelvic organ prolapse surgeries dates back to the 1970s. Subsequently, in the 1990s, surgeons expanded the application of vaginal mesh implants to include the surgical management of stress urinary incontinence. Notably, in 1996, transvaginal mesh implant products became eligible for FDA approval through the expedited 501(k) process, allowing approval without the need for clinical trials. This decision paved the way for numerous competing vaginal mesh products manufactured by various medical device companies.

In the years after vaginal mesh products started getting popular in the 1990s, both patients and medical practitioners began reporting various prevalent issues and post-implant complications linked to these implants. The complications associated with vaginal mesh products fall into several categories including erosion and migration.

Lawsuits related to vaginal mesh surfaced in 2009 after the initial FDA safety warning. Over the next decade, numerous women initiated legal actions against several medical device companies that produced vaginal mesh products. Some of these companies include Johnson & Johnson (Ethicon), C.R. Bard, Boston Scientific, American Medical Systems (AMS), Coloplast, and others.

These legal proceedings assert that vaginal mesh products were inherently flawed in their design. Additionally, they allege that the manufacturers of these devices were negligent in adequately informing doctors and patients about the potential risks and complications associated with the implants.

In 2012, the vaginal mesh lawsuits were consolidated in a group of several class action MDLs. Those have all been resolved with global settlements, but new cases can still be filed. The MDLs might be over, but the vaginal mesh litigation is still very active, with thousands of lawsuits awaiting resolution. Although most manufacturers have instituted settlement programs to address vaginal mesh claims, certain mesh companies are actively engaged in litigating these cases.

Who is Eligible to File a Vaginal Mesh Lawsuit?

To qualify for a vaginal mesh lawsuit, plaintiff must meet certain basic criteria. The criteria our firm uses for these cases is as follows:

Had Vaginal Mesh Implanted: First, the plaintiff must show that they had a vaginal mesh surgically implanted.

Vaginal Mesh Complications: Second, plaintiffs need to show that their vaginal mesh implant caused one of the various complications that are known to be related to defective vaginal mesh products. These include erosion, migration, and infection.

Injuries Within Last 2 Years: Finally, plaintiffs must show that their vaginal mesh caused complications resulting in actual physical injuries within the last 2 years.

Primary Injuries and Complications in Vaginal Mesh Lawsuits

The following are summaries of the primary injuries and complications with the mesh products that we see in the vaginal mesh lawsuits.

Mesh Erosion

Vaginal mesh erosion refers to a potential complication associated with the use of vaginal mesh implants in women. In some cases, the mesh may erode or protrude into surrounding tissues, causing various complications.

When vaginal mesh erosion occurs, the mesh material may penetrate the vaginal wall or other adjacent structures. This can lead to symptoms such as pain, discomfort, bleeding, infection, and pain during sexual intercourse. The erosion may also require surgical intervention to address the issue.

Vaginal mesh erosion is one of the most common complications we see in mesh lawsuits. Plaintiffs allege that inadequate information about the risks and complications such as erosion. When erosion of the mesh occurs, it can lead to very serious health issues and complications.

Infection

Many vaginal mesh products cause an increased risk of developing bacterial or other microbial infections due to design flaw with the materials used to make the mesh. The vaginal mesh may create an environment where bacteria can proliferate, leading to infections. Symptoms of infections related to vaginal mesh may include pain, swelling, redness, discharge with an unusual odor, fever, and discomfort during sexual intercourse.

Infections can occur if bacteria enter the surgical site during the implantation of the mesh or if the mesh erodes into surrounding tissues, providing a pathway for bacteria to thrive. Many internal infections related to vaginal mesh implants occur years after the surgery. Again, the vaginal mesh lawsuits allege that manufacturers knew about this issue but failed to warn.

Vaginal Scarring

Vaginal scarring refers to the formation of scar tissue in the vaginal area. Research has shown that vaginal mesh implants can result in the development of vaginal scar tissue in many patients. When vaginal scarring occurs, the normal tissue in the vaginal area is replaced by fibrous tissue as part of the body’s natural healing process. This scar tissue can lead to changes in the structure and flexibility of the vaginal walls. Symptoms of vaginal scarring may include pain, discomfort, and potential complications such as sexual dysfunction or difficulty with intercourse.

In the context of vaginal mesh implants, scarring may be associated with the body’s response to the presence of the mesh material. Improper healing or excessive scarring can contribute to complications and adverse effects. Vaginal scarring is one of the primary injuries in the vaginal mesh lawsuits.

Organ Perforation

Organ perforation from vaginal mesh implants is a serious complication that can occur when the mesh material punctures or penetrates adjacent organs or tissues. When a defect vaginal mesh implant erodes or migrates it can often result in organ perforation. This mesh material can perforate organs such as the bladder, bowel, or blood vessels.

Organ perforation from vaginal mesh can cause severe pain, bleeding, infection, and other complications. Surgical intervention is often required to address the perforation and remove or reposition the mesh. The severity of the complications depends on factors such as the extent of the perforation and the organs affected.

Contact Us About Vaginal Mesh Lawsuits

If you think you have a vaginal mesh case, contact us at 800-322-3010 or get a free online consultation.