Chattanooga Transvaginal Mesh Lawsuits
Looking to Recover Compensation For Your Transvaginal Mesh Injury Through a Legal Claim or Lawsuit? Call a Tennessee Lawyer Today
Thousands of women have received transvaginal mesh implants over the past several years, but after the discovery that some patients may have experienced complications, the product's safety is being re-evaluated. If you are a woman with a transvaginal mesh implant, please read the following article, offered by the defective product attorneys at Grossman Law Offices.
It is important to know that victims from Chattanooga Tennessee, as well as numerous people from across the country, will be involved in the transvaginal mesh claim, and it will be a mass tort litigation. Despite the size of the claim, each victimâ€™s case will be evaluated individually, to ensure that every victim whom has been touched by this product receives appropriate and fair compensation for any injuries incurred by it.
WHAT IS A TRANSVAGINAL MESH IMPLANT?
Transvaginal mesh is a surgically inserted device, implanted through the abdomen or vagina, which has been used to support the strengthening of weakened pelvic muscles in women. The FDA approved transvaginal mesh (TVM) in 2002 for the treatment of Stress Urinary Incontinence (SUI) â€“ a condition brought on by a lack of muscle strength in the pelvic floor which causes urine leakage and compromised quality of life for its sufferers, and Pelvic Organ Prolapse (POP) which can impact the ability of the muscles in the pelvis to support the bladder and uterus, resulting in either or both of the organs falling into the vagina, causing great pain.
Transvaginal mesh â€“ also known as a transvaginal sling, has been used in approximately 75,000 women suffering from Pelvic Organ Prolapse, and about 200,000 patients with Stress Urinary Incontinence. The non-organic device also has been inserted to provide extra support after surgery. While there are many manufacturers of TVM, four major corporations dominate the market; Johnson & Johnson (Gynecare), Bard, Boston Scientific, and American Medical Systems (AMS).
WHAT COMPLICATIONS HAVE ARISEN IN PATIENTS?
The complications resulting from the implantation of transvaginal mesh have ranged from minor to extremely serious. Some of the complications reported include:
- Pain during sex, a condition known as dyspareunia
- Erosion of the device through the wall of the vagina
- Bleeding and infection
- Blood vessel, bowel and bladder perforation
- Vaginal tightening and shortening
A study released by the FDA concluded that more than half of the women whom experienced erosion had to endure one or multiple surgeries to have the devices removed. In addition, when erosion occurs, it means that the implantation of TVM was unsuccessful, and the risks of prolapse have increased, as the organs have already shifted.
HOW DO I GET LEGAL HELP?
The first step to obtaining legal help is to contact an attorney. You will need a successful personal injury lawyer, experienced in defective product litigation and transvaginal mesh liability. Ask questions. Because this will be a mass tort, you must be sure that your legal representatives are experienced in litigating on a large scale, and are familiar with cases that span many different states, statutes and court procedures. Also, be aware that many attorneys clump together their clients to fast-track the litigation process. After 22 years of successfully dealing in personal injury cases, Grossman Law Offices understands that we must treat each client with respect, and as an individual, to ensure that they receive fair and appropriate compensation.
PERSONAL INJURY CASES â€“ AN OVERVIEW
Obviously, there are many different kinds of personal injury cases, but the crux of each boils down to one question: Was negligence involved? Through all the accusations, emotion and speculation that accompany these types of cases, negligence that has caused injury must be proven in order for a plaintiff to prevail. It is reasonable for a consumer to expect that a product offered for sale to the public will not cause them harm, initially or in the future. This is especially true for an item sold to restore our health or enhance our personal well being. We trust that a product will do what the manufacturer says it will do; wiring that is installed in our homes is guaranteed to be safe to ensure that no fires occur. At the very least, it is fair to expect the same guarantee for a medical device that will be inserted into our very person, a device that has been promised to help and not harm. It is an unfortunate truth that, in the past, manufacturers have knowingly released products to the public that the manufacturers knew would cause harm, but did so anyway because they wanted the profits generated by such sales. It is under these circumstances that the laws we have voted into being to protect consumers be utilized. The responsible corporations must be held accountable for their actions and misconduct. When scores of consumers are injured by a product, it is obvious that inadequate research and testing was done to prevent it.
THE DIFFERENCE BETWEEN A CLASS ACTION SUIT AND MASS TORT
Essentially, there are two types of personal injury lawsuits that involve a large number of plaintiffs bringing a complaint against a single entity or manufacturer. One is a class action lawsuit, and, the other, mass tort. The two types are similar, but the differences between them are what make this a mass tort. A class action lawsuit is initiated by several clients seeking to accomplish the same thing. The group of claimants is treated as one party or person. The degree of injury or loss each individual in the group sustained does not impact the amount of monetary damages awarded to each individual. Every plaintiff is awarded the same amount regardless of their particular injury or loss. Also, in class action lawsuits, one attorney usually represents the group of plaintiffs and treats them as one party. A good example of a class action lawsuit is the 2009 case filed against Kellogg's. Kellogg's advertised on their product labels that persons whom consumed Cocoa Krispies and Rice Krispies would have a boost in their immune systems. A claim for false advertising was filed, but instead of going through a protracted trial, Kellogg's opted to settle out of court, as most manufacturers do in these instances, for 2.5 million. The attorneys representing the plaintiffs profited more than the claimants in the action. After the attorneys took their fees, the rest of the parties received restitution of $5 per box of cereal purchased, up to three boxes each. Because there was no personal injury involved, this was an equitable settlement for the persons bringing suit. In cases such as the ones regarding transvaginal mesh, a class action lawsuit would not suffice, as the persons injured by the device have suffered and are still suffering. A more effective action in cases involving injury by a product is a mass tort, where varying levels of pain and damage are taken into consideration. Any settlement given will not be distributed equally to the plaintiffs, but will commensurate with the level of harm incurred by each of the persons involved. Mass tort is not only the most appropriate type of action in these types of personal injury cases, but also, the most fair. Simply stated, a tort can be filed when one person or entity harms another. A mass tort is filed when a large number of people have been harmed by one party. In order to establish that a claim meets all the criteria for a product liability case, it is presented to a U.S. Judicial panel made up of federal judges experienced in multi-district litigation whom will determine if the all mass tort requirements are met. Once the eligibility has been established, a single judge will be appointed to manage the consolidated discovery in all the cases. This is the only instance when all parties in the case will be considered as one, and a set of attorneys will be selected and approved to gather evidence. Any and all evidence found at this time will not only be used for the mass tort, but for other subsequent cases tried by individuals, and heard in lower courts. Human beings victimized by transvaginal mesh in Chattanooga, like New York, Los Angeles, and other cities across the country, will need excellent representation now, because statutes of limitations for personal injury cases vary from state to state. When the claims reach the lower courts and are at the point where they are tried on an individual basis, it is imperative that a precedent is established by these first cases. The first cases tried in any claim are called bellwether cases, and they crucially impact the outcome of subsequent trials.
THE BELLWETHER CASES
As outlined above, bellwether cases set the bar for any claims heard in a lower court after the initial cases have been tried. In addition to the monetary aspects of these cases, the resonant importance and the impact on other subsequent claims compel parties on both sides to do everything in their power to win these cases. If a defendant prevails in bellwether cases, it can be inferred that the validity of grounds for any later claims by others will be undercut, and can be construed as a show of power and force by the defendant. It is not unusual for a defendant to then try to get any subsequent claims dismissed, or at the very least, delayed indefinitely. If the plaintiffs win in the bellwether cases, it is most likely that the defendant will want to settle the remaining cases in an attempt to mitigate any more unfavorable publicity for fighting and losing the same kinds of claims over and over. Also, when the plaintiffs succeed in a suit, the defendant will, as a rule, do their best to speed up the process as much as possible, finishing the current suit as soon as possible and settling any other remaining claims.
MULTI-DISTRICT LITIGATION & THE TENNESSEE STATUTE OF LIMITATIONS
As mentioned earlier, statues differ from state to state regarding personal injury (and other) claims. In Tennessee, the statue of limitations is one year after discovery, which means the date the injuries inflicted (in this case, by a product) became common knowledge. Each state has its own statute of limitations that, essentially, allows residents of that state a finite time frame to submit a claim, or a cause of action.
When a defendant breaks their covenant of safety with the public, a cause of action is created. There are many different types of causes, and many varying statues pertaining to each of them. In Tennessee, Chattanooga residents, as all other residents of the Volunteer State, are allowed one year to file a claim. Because this is a mass tort, and multi-jurisdiction rules apply, many different claims and statues across the country will be involved. A federal court will set the time limit allowed for filing a claim in accordance with the differing rules for multi-jurisdiction litigation. That said, you should act as quickly as possible should you want to pursue a claim, as no one knows how long the federal courts will allow time for filing. In October 2008, the FDA issued a warning regarding transvaginal mesh, however, it was updated on July 13, 2011. Sometimes a manufacturer will set its own date by voluntarily issuing a statement, warning about its products use. In this case, because there is confusion regarding the date it was made public knowledge, a federal judge will establish the limitations for filing. Regardless, it is absolutely imperative that Chattanooga claimants act quickly, and secure a personal injury attorney that can keep up with the demands and intricacies of a case, as well as keep you informed.
AM I A CANDIDATE FOR A TMV CLAIM?
If you are a woman with a transvaginal sling (also known as a pelvic mesh and a transvaginal mesh) that has caused discomfort, pain or injury, you need to pursue your Chattanooga transvaginal mesh case by contacting a personal injury attorney as soon as possible. They will be able to clarify what your options are and help determine the best plan of action. Even if you have not experienced the most extreme level of injury caused by this product, your case is still important and needs to be heard. Grossman Law Offices can help you demystify the process of beginning a TVM claim and help you get the compensation you are entitled to for your pain and suffering. With over 22 years of experience in personal injury law, we have the dedication and experience you deserve to have on your side. We would be honored to speak with you regarding your claim. We are trained specifically to handle such a case and will do so discretely and confidentially. Please call us toll-free at 1-855-589-5649.