Akron Transvaginal Mesh Lawsuit
Did You Have a Serious Injury Following Transvaginal Mesh Surgery? Speak to an Akron Personal Injury Attorney
Did You Have a Serious Injury Following Transvaginal Mesh Surgery? Speak to an Akron Personal Injury Attorney
Thousands of women, including women in Akron, OH, have received transvaginal mesh implants over the past several years. It has only been recently that the safety of these implants has been questioned. Anyone who has suffered complications or injuries because of these pelvic mesh implants, including you or someone you love, is encouraged to read the following article. It provides an overview of the problems with these implants and will give information on how to contact an Akron transvaginal mesh lawyer to discuss your rights.
Because there are many claimants seeking relief from a single defendant, this transvaginal mesh injury action is classified as a mass tort. Although this is a very large action, you are able to secure your own attorney as well as receive your own settlement. We will endeavor to help you understand the process of this mass tort action so you can make an educated decision on becoming involved in the lawsuit. If you decide to move forward, we hope you will consider us as your representative in court. Grossman Law Offices has over 20 years of experience and has won thousands of personal injury cases.
What is Transvaginal Mesh?
The Food and Drug Administration, on January 5, 2012 ordered the manufacturers of transvaginal mesh implants to do further studies on the safety of the implants. The FDA had issued two warnings about the complications of the surgical mesh implants previously. The agency required the makers of transvaginal mesh to do follow-up studies and submit the results. Reclassifying the mesh as a "high risk device" is under consideration by the FDA.
Transvaginal mesh, or TVM, is a surgical synthetic mesh used to treat Pelvic Organ Prolapse, or POP. POP is a condition in which the vital organs in a womanâ€™s pelvic area collapse or fall onto her vagina because of weakness in her pelvic muscles. It can cause great discomfort and pain, be a health hazard, and hamper a womanâ€™s quality of life. Transvaginal surgery was the only alternative offered to women for relief prior to TVM. Transvaginal mesh implants were approved by the FDA for use in 2002. Like POP, Stress Urinary Incontinence, or SUI, is also corrected with TVM implants. SUI causes women to experience uncontrollable urine leakage during activities which are physical such as running and lifting. As in the case of POP, weakening of the pelvic muscles is the cause of SUI. To correct and treat the problems associated with weak pelvic muscles, TVM implants are used.
Around 75,000 women have undergone the procedure of implanting a TVM sling since its approval by the FDA for treatment for POP. An additional 200,000 women have had a TVM implant for the treatment of SUI. Though there are a number of manufacturers of these surgical mesh slings, the four who hold the largest share of the market are: Gynecare (Johnson & Johnson), Bard, Boston Scientific, and American Medical Systems (AMS).
What are the Complications and Injuries from TVM?
TVM has not performed as it had been hoped. The complications and injuries from the transvaginal mesh implants have been wide-ranging, from somewhat minor to very serious. This sheer vastness in the range of issues caused by TVM has led to a wide range of reported side effects. They include:
Bleeding or infections
Dyspareunia (pain during sex)
Perforation of the bowels, bladder, or blood vessels
Vaginal tightening /shortening
Erosion of the TVM implant, the most dangerous and serious issue with TVM, could possibly lead to its protrusion though the vaginal wall. With erosion of the surgical implant, the risk of prolapse increases as the organs in the pelvic area are again dropped onto the vaginal wall. Additional surgery is required for women who have erosion of the TVM implant. In a study, the FDA found that 50% of women who experienced erosion of their TVM implant had to have an additional surgery to repair the erosion while other women had to have two or more additional surgeries to repair or remove the transvaginal implant.
If you are searching for proof that your Akron transvaginal mesh lawsuit is reasonable and justified, these issues should be enough.
Should You Sue?
As we said earlier, if you, or someone you love, have had a transvaginal mesh implant and is experiencing any of the issues or complications listed above, then you should seriously consider taking up an Akron transvaginal mesh lawsuit by contacting a product liability attorney at Grossman Law Offices now. We can help answer any question or concern you might have and get you started in the right direction for your case.
Someone with more serious injuries has more cause to sue, of course. Those who are suffering from erosion of the surgical mesh are dealing with much more difficult complications than those who suffering from lessor issues such as mild discomfort. But, both cases are equally important to the personal injury attorneys at Grossman Law Offices. Any damages you have suffered are a reasonable cause to sue and you are the best judge of whether a lawsuit is right for you. If you feel that your issues are not serious enough to warrant a lawsuit, then by all means, do not go through it, but if you have any TVM complications or injuries, contact Grossman Law Offices.
Having made your decision to seek relief, your personal injury lawyer will work on your behalf. We use our more than 20 years of experience to overcome the challenges of a courtroom to win you a just and fair compensation. Your restitution will demand a group of skilled and experienced legal professionals who understand personal injury law. Grossman Law Offices has the skill and experience that your transvaginal mesh case demands.
Where Do You Go from Here?
We have covered some of the basic knowledge like, what TVM is, the injuries and complications it can lead to, and if legal action is right in your instance. Now we will talk about how to start legal action. The first step is to get representation. That means you need to hire an attorney but you donâ€™t want to hire just any attorney. You want representation that has the education, skills, and experience to help you be victorious. Grossman Law Offices knows personal injury law and we have over 20 years of experience. We have the knowledge to take on these TVM manufacturers.
Moving on, the next step in the process is the things we call "the chores." This is the foundation of a lawsuit and includes the filing of motions, applying your local statute of limitations, understanding the impact of multi-district litigation, as well as other things required to get your case started on the right foot. Though there could be challenges as we move along, you can be confident that we at Grossman Law Offices have done this many times.
The last step of course, is getting your compensation. There are two ways that this could happen. The first is an out-of-court settlement and the other is in the courtroom. You have no need to be apprehensive as any personal injury attorney from Grossman Law Offices has the experience for either. Though this may seem as if it is too distant to think about, it is the most important aspect of your case. You will be in the experienced hands of our skilled litigants so the future will be bright.
How a Personal Injury Case Works
Regardless of the type of personal injury case, every case boils down to just one thingâ€¦negligence. Negligence is the breach or failed duty of another. When you can sufficiently prove negligence in court, you win. Winning will mean that you will receive the compensation for damages that you deserve. If you fail to prove negligence, you lose. You must also show sufficient proof that the other partyâ€™s failed duty led to your injury.
We all know that products are often recalled but there is a reasonable expectation by consumers that they will be treated respectfully and can buy a product or receive a medical device, such as a transvaginal mesh implant, without fearing injury. With something as personal as TVM, the expectation is particularly important and it is especially egregious when a manufacturer violates the trust of the consumer. Legal recourse in such a case is essential to bringing the manufacturer to justice. When you look at the sheer number of women in Akron and beyond who have been injured or are suffering complications from TVM, it is fairly safe to believe that one or more of the manufacturers of TVM did not do their due diligence in the study of the product. In other words, they were negligent.
Differences in a Class Action Lawsuit and a Mass Tort
There are two major types of lawsuits that involve a large number of people against a single defendant. The most easily recognized is a class action lawsuit. Your lawsuit is the less well-known type called a mass tort. Both types include many claimants against one defendant, but there are some major differences between the two.
The first of these major differences is that an individual involved in a class action lawsuit cannot have their own representation. In a class action lawsuit, all plaintiffs are treated as a single entity and representation is provided by a single attorney or group of attorneys. In addition, all compensation in a class action lawsuit is divided among all plaintiffs equally. In other words, no matter the severity of your damages, you receive the exact same award or compensation as someone who received very little injury or damage.
A recent class action lawsuit against Ticketmaster is a prime example of the limited fairness of a class action lawsuit. For many years, Ticketmaster, a ticket-selling business for many venues around the country, has sold many millions of tickets. During that time, Ticketmaster overcharged many customers through the use of service fees. Each and every Ticketmaster customer who ever purchased even one ticket through the service was affected, but each person was limited to claim only 17 tickets without regard to the number of tickets actually purchased. A person who had purchased hundreds of tickets from Ticketmaster over many years was treated equally to the person who had purchased only one ticket. It is quite easy to see the problem with this kind of lawsuit. There is no individual representation. Those who suffered the greatest damage are not given the greatest compensation. In short, no individuality in a class action lawsuit works against you. This means, in the case of TVM implants, that those who have suffered the most and who have paid the most in terms of medical costs would receive the same compensation as someone who had suffered only minor discomfort. The legal representative usually receives the greatest portion of any settlement.
So for you, it is good that your Akron transvaginal mesh lawsuit is a mass tort. This will allow for greater individuality. You are just one of the many involved in a class action lawsuit, but in a mass tort, you will have individual representation and the compensation you receive will be based on your injuries and paid accordingly. A mass tort offers much more in terms of equality in addressing the injuries of the individuals involved and you will not just be one of a group.
Now that you have seen the difference in these types of lawsuits, we will look at how a mass tort works. To begin with, it is not enough to just have a large group of people against one defendant; there must also be a claim of product liability, or the negligence we talked about earlier. Upon establishing the product liability, The US Judicial Panel on Multidistrict Litigation will then decide if the action will qualify as a mass tort. After it has been qualified, the panel will then assign a judge to oversee the action. At this point, you will cease to be considered as a group and your case will be returned to your local jurisdiction. All information of the case that has been gathered before the return will be used as support for every TVM case. This makes the process much more streamlined and efficient.
Although you will still need excellent representation to see your Akron transvaginal mesh lawsuit through to its completion. We at Grossman Law Offices can help you from the beginning to the end of your action.
What is a Bellwether Case?
Now that the case has been returned to your local court, the first few cases become of vital importance. These cases are called the bellwether cases and they set the stage for all cases that follow.
These cases, the bellwether cases, are the first few cases tried at the local level upon their return from the judge assigned to the case at the federal level. The defendant in these cases will do everything necessary to win these bellwether cases. Bellwether cases set the precedent for all of the cases that follow so it is important to both parties to win these early cases. If the defendant wins these early cases they will often feel confident in their ability to win all future cases also so they may ignore any attempt to settle other claims. If the plaintiff should win in these early cases, the defendant is much more likely to be open to settlements in following cases. Most businesses understand that there is no advantage to pursuing a case that can cause harm to their reputation so an early victory in a case like yours can make a huge difference to the outcome of your claim.
No matter what happens, you can be sure that Grossman Law Offices can handle your Akron transvaginal mesh case.
Cause of Action and the Statute of Limitations
You have a cause of action. You have a good reason to file a lawsuit and you now know what it takes to file your suit. Now is the time to go over your case to be certain there are no problems. Your main concern now is the statute of limitations. State governments set limitations for the filing of certain suits. These are called the statute of limitations. For personal injury lawsuits such as yours in Ohio, the statute of limitations is set by your state at two years. Even though it sounds like plenty of time, we still urge you to get legal representation as quickly as possible. Failing to file on time could have dire consequences such as diminished compensation, or even more likely, no compensation at all. It is beneficial to not file too early though. Filing early could make your case one of the bellwether cases. Making a wise decision on the best time to file your case could dramatically increase your odds of receiving the compensation you deserve.
The start date of limitations is considered a question of known fact and is set by the federal court that controls your mass tort and the end date is set by the time limitations put forth by your state government. A safety alert or recall by the FDA is usually the start date for limitations. Periodically, a manufacturer will issue a safety alert on its own to set the start date. In your Akron transvaginal mesh case; the start date is not settled. There was an original alert issued by the FDA in 2008. Then the FDA issued an update to the alert in 2011 so the issue of the start date is still before the court. Do not let this stop you from seeking legal representation now though.
And there it is, all of the information you need. It is clear that it is vital for anyone with transvaginal mesh damages to seek legal representation as soon as possible. There is a great deal of information to cover, start dates, research, filings, and everything else involved. You need a legal team with the knowledge and experience in handling these types of lawsuits. You need an excellent legal team like the one at Grossman Law Offices. Our skilled team is ready to help you in your pursuit of legal action.
So what is your next step in the process?
Our staff at Grossman Law Offices is waiting to hear from you. When you are ready to get started on your Akron TVM lawsuit, give us a call. We guarantee you 100% confidentiality in all contact with our staff. We have the experience and knowledge needed to answer any of your questions. From issues about your Akron transvaginal mesh lawsuit to more general questions about our services, we have the answers you need. Call us toll free at 1-855-589-5649 now.
Grossman Law Offices will help get you the compensation you deserve for your injuries.