Transvaginal Mesh Injury Information

Pelvic Sling Injury Information Presented by Attorney Michael Grossman

The product liability lawyers at Grossman Law Offices are now taking cases related to transvaginal mesh injuries. This informative website should answer any question you have regarding transvaginal mesh injuries.

If you have experienced a serious injury due to a surgical mesh, our staff of experienced product liability attorneys and in-house investigators can assist you with your case. We are available 24 hours a day for consultation and assistance from our principal office in Dallas Tx and several satellite offices throughout the state of Texas (by appointment only). Call us toll-free at 1-855-589-5649.

Litigation involving a transvaginal mesh (TVM) injury is considered a mass tort, and because of this you need to ensure that your case is handled on an individual basis by a transvaginal mesh attorney who will work to make sure you receive the compensation to which you are entitled.

Our attorneys have been recognized by some of America's most prestigious professional organizations.

The FDA’s Transvaginal Mesh Warning on TVM Complications

The U.S. Food and Drug Administration (FDA) issued a public health warning on severe complications of TVM use. The mesh, which is used to correct problems associated with stress urinary incontinence (SUI) and pelvic organ prolapse (POP), has been linked to several problems, including infection, urinary problems, pain, incontinence, and a significant decrease in an affected person’s quality of life due to vaginal scarring, urinary leakage, substantial pain and more.

The FDA issued an updated warning on July 13, 2011 that changed the status of TVM symptoms from “rare” to “common.” The agency received nearly 3,000 reports of TVM-related complications from January 1, 2008 to December 31, 2010. The FDA noted that the benefits of using the device were outweighed by the risks.

How a Mass Tort Works

A panel of judges that comprises the United States Judicial Panel on Multidistrict Litigation takes all major cases involving product liability where several people are injured under review. The panel determines whether or not a case meets the requirements of establishing a mass tort. When it does, the panel appoints a judge to oversee the discovery phase of the case. The panel will approve a group of attorneys that will work to prove both the negligence and liability of the defendant. When that liability is established, the individual cases will be sent to lower courts to be decided.

Individual claimants can file suit against the defendant in these lower courts using the evidence collected in the discovery phase. Each claim will have its own value as well as its own statute of limitations, which varies according to the state in which the plaintiff lives. These first few cases, known as the “bellwether cases,” determine the course taken by subsequent cases involving the dispute. If the defendant prevails in these cases, it will likely work to keep future plaintiffs from seeking legal action by saying they would lose as well. If the plaintiffs win, however, the defendant will likely act quickly to try and settle all future claims.

How Mass Torts Differ from Class Action Lawsuits

Whenever numerous people are injured through use of a product, they can work collectively to pursue legal action against the manufacturer based on a common and shared cause of action. This is known as a “mass tort.” This differs from a “class action lawsuit” in that in a mass tort, every plaintiff shares a cause of action, but each plaintiff has his or her individual claim. In a class action, all plaintiffs also have the same cause of action but they have basically the same claim. In a nutshell, the main difference between the two is that in a mass tort you get what you deserve for the level of suffering you have had to endure, while in a class action the compensation awarded is split equally among all plaintiffs, regardless of their level of suffering. You get what you get in a class action, while you get what you deserve in a mass tort.

The Statute of Limitations

When a defendant violates the duty of care that it owes to a plaintiff, that creates a cause of action. However, there is a “shelf life” of sorts to a cause of action, and that is the statute of limitations. When the statute of limitations expires, so does the cause of action. And when that happens, no matter how strong a case may be the plaintiff will not be able to obtain compensation. Typically, depending on where a plaintiff lives the statute of limitations is two to three years.

However, in regard to pelvic mesh litigation, as well as most other product liability litigation, adverse effects are usually experienced years before any lawsuit is filed. Did your statute of limitations begin the day your device was implanted? Did it start the day you started feeling adverse effects? Was it when you first linked your injury to the TVM device? According to case law, it has been established that the statute of limitations begins the day that complications are made “common knowledge” by either the FDA or the manufacturer itself. The defense will argue that your statute of limitations has already expired, while your transvaginal mesh attorney will argue that it should be extended so that you can obtain the compensation to which you are entitled.

Who is Responsible for the Injury You have Suffered?

The most obvious party to blame when a device such as a TVM causes an injury is the manufacturer of the device. Just as you would not expect a blow dryer to explode in your hands while using it, you should reasonably expect not to be harmed by a surgical mesh. Most people can reasonably expect some discomfort and even pain with use of most surgical devices. However, the severe complications associated with TVMs go far beyond those reasonable expectations. Therefore, the manufacturer is a logical target of legal action.

There are many people, however, who want to take action against their doctor and even the FDA? Neither of these is recommended, though, because the vast majority of doctors act in good faith and the government is protected from mass torts under the Federal Tort Claims Act of 1948.

About Grossman Law Offices

If you have been injured due to use of a transvaginal, pelvic, or surgical mesh, please call the transvaginal mesh attorneys with Grossman Law Offices as soon as possible at 1-855-589-5649 (toll free). We will listen to the specific details of your case, tell you the strengths and weaknesses of that case, and let you know how we may be able to help. We are available 24 hours a day, seven days a week to answer all of your questions.