Laredo Transvaginal Mesh Lawyer
Our Attorneys Can Help You Recover Compensation Following an Pelvic Mesh or Transvaginal Sling Injury
As part of a surgical procedure, thousands of women have had a transvaginal mesh (TVM) device implanted over the past several years, and many of those women have reported experiencing health complications as a result. The safety of the device is being re-evaluated as TVMs have recently undergone intense scrutiny due to these health problems. The Laredo transvaginal mesh attorneys with Grossman Law Offices provide you this article in order to show you the legal action that victims of transvaginal mesh device injuries are taking against the companies that manufacture these devices, as well as information on how the device works.
Before moving forward with this article, however, it is essential that you know that when someone pursues legal action against a manufacturer in the form of a Laredo transvaginal mesh lawsuit after being injured due to the implantation of the device during surgery, that person is taking part in a mass tort. This case will not only be comprised of people living all across the state of Texas, but people who live in states all across the country as well. This will be an incredibly challenging and extremely expansive piece of litigation, so it is essential that you hire a skilled and seasoned Laredo transvaginal mesh lawyer as soon as you can in order for you to have the best opportunity of securing the equitable restitution that you deserve for the injury you have sustained. You must have a lawyer who will provide the intensive and individual attention that your case needs. This is an absolute necessity if you are to have any hope of prevailing in your case.
Information on Transvaginal Mesh Devices
Basically a surgical mesh, a transvaginal mesh is implanted during a surgical procedure in order to treat women who suffer from weakened muscles in the pelvic region. Typically, the device is implanted through the patientâ€™s vagina or abdomen in order to provide additional support to these weakened muscles. There are four manufacturers â€“ Johnson & Johnson (Gynecare), American Medical Systems, Bard and Boston Scientific â€“ that have the largest share of the market, but there are several other transvaginal mesh devices as well.
In 2002, the Food and Drug Administration approved the use of the transvaginal mesh device in the treatment of women who were suffering from stress urinary incontinence, or SUI, and pelvic organ prolapse, or POP. A women suffering from SUI, also referred to as â€śeffort incontinence,â€ť is the victim of an embarrassing condition that is characterized by the involuntary leakage of urine. SUI is caused by weakened muscles in the area of the pelvis, as is POP. POP is an extremely painful malady manifested by the uterus or bladder dropping into the vagina.
Complications Associated with Transvaginal Mesh Device Use
As we covered previously, there are many women who have encountered a wide range of health complications after having a transvaginal mesh device implanted as part of a surgical procedure. Not only are the health problems varied, the severity of these problems range from fairly minor to very serious. These problems include:
- Incontinence or painful urination.
- Shortening and tightening of the vagina.
- Bladder, blood vessel and bowel perforation.
- Discomfort and pain in the patientâ€™s vaginal area, especially during sexual activity â€“ this condition is also referred to as dyspareunia.
- Erosion of the transvaginal mesh device through the patientâ€™s vaginal wall â€“ this condition is also referred to as extrusion, protrusion or exposure.
Erosion, the last condition on the list mentioned above, is a particularly painful and dangerous condition that necessitates the complete removal of the transvaginal mesh device from the body of the patient. While there are some women who have required an additional surgical procedure done in order to have the transvaginal mesh device removed, there are others who have needed even more excruciating procedures in order to have the TVM taken out completely.
Legal Action and Transvaginal Mesh Device Injuries
If you are thinking of participating in a Laredo transvaginal mesh lawsuit, the first thing you must do is to enlist the services of an experienced Laredo transvaginal mesh attorney in order to have the best possible chance of winning your case and obtaining the full and fair compensation to which you are entitled. This attorney must not only possess a great deal of experience in handling this kind of case, he or she also has to have a strong track record of prevailing this sort of litigation. If you rely on an inexperienced attorney, or, worse yet, you make the incredibly bad choice to act as your own legal representative, then you have to be made aware of the fact that you will have no chance of winning. The only thing you will leave that courtroom with after you lose is a mountain of injury-related expenses such as medical bills that you will more than likely have to deal with for the rest of your life. This case, as we covered earlier, will consist of many plaintiffs living in many states across the country. This is not just a difficult case, it is one of the most complex in all of law â€“ the biggest reason is that it will be governed by the rules of multi-district litigation.
In addition, you also need to know that there are several personal injury attorneys who will simply decide to group all of the plaintiffs (the legal term for injury victims) together in order to hasten the process of litigation. The Laredo transvaginal mesh attorneys with Grossman Law Offices, however, feel very strongly that this is not only a woefully inappropriate way in which to provide representation to a client, it is patently unfair as well. The best way of helping a client, we believe, is by giving the intensive and individual attention that your case needs. Providing this attention gives a client, we feel, the best chance possible of winning his or her case. You have to exhibit a great deal of caution when the time comes to choose the attorney who will be your legal representative in your Laredo transvaginal mesh lawsuit. The attorneys with Grossman Law Offices have handled this sort of challenging litigation for the past two decades, and have built a strong track record of winning these kinds of cases. One of the main reasons for our success, we believe, is the intensive and individual attention that we give to each and every one of our clientâ€™s cases.
Information on Personal Injury Cases
You need to be informed, we firmly believe, in regard to the different kinds of personal injury cases, as well as the differences that exist among these types of cases. The biggest considerations in any form of personal injury case are whether or not the defendant in the case committed an act of negligence, and whether or not the injury suffered by the victim was the direct result of that defendantâ€™s act of negligence. As was mentioned previously, the victim of an injury is referred to in legal terms as the â€śplaintiff.â€ť And since you are the plaintiff in your Laredo transvaginal mesh lawsuit, you will obviously be the one seeking compensation from the TVM manufacturer. You, as the plaintiff, cannot hope to prevail in your litigation be relying merely on speculation or accusations. In order to show the court that the defendant not only committed negligence, but also that the act of negligence directly led to the injury you sustained, you have to provide hard evidence. The court wants to see, feel and hear proof â€“ it does not merely want to be told how to decide a case. Providing that proof in the form of hard evidence is your only chance of winning your case and obtaining the full and fair compensation to which you are entitled for the suffering you have been forced to endure.
No one expects to be injured by a product they purchase that was intended for consumption by the general public. This is, of course, the case for any product that a manufacturer introduces to the marketplace, but it is especially true when the product in question is advertised as providing health benefits to the user. If you buy a hair dryer, for example, you do not expect it to blow up in your hand as you are using it. Similarly, when you take any kind of over-the-counter medication, or you have a device surgically implanted into your body as part of a medical procedure, you do not expect to be harmed by either the drug or the device. We have seen far too many examples of unscrupulous behavior on the part of manufacturers in our two decades of practice. These companies willingly and knowingly introduced hazardous products to the general public, and to make matters even worse, they did nothing to try and eliminate those hazards. Basically, these manufacturers put their bottom line ahead of the safety of their consumers. If you have suffered an injury after using a product that was manufactured in a negligent and dangerous fashion, then you not only can take legal action against that manufacturer, you should take that action. In the event that hundreds or thousands of people are hurt by using a product they trusted, these people can make the correct assumption that a woefully inadequate job of researching and testing the product was done by the manufacturer.
The Difference between Class Action Lawsuits and Mass Torts
There are basically two kinds of lawsuits that take place when a large group of people seeks legal action at the same time against an entity that has caused them to suffer an injury â€“ class action suits and mass torts. More than likely, you have come across the term â€śclass action lawsuitâ€ť at one time or another. It is just as likely, though, that you have not heard of the term â€śmass tortâ€ť previously. There are many similarities between these two kinds of legal action, but there are also several critical differences.
When several people take legal action against the party that caused their injury, a class action lawsuit occurs. Each of the people taking part in this kind of legal action is seen as one small part of a large plaintiff group. If the plaintiffs prevail in this class action lawsuit, they are all awarded the same amount of compensation for the injury that they suffered. If you are participating in this sort of case, you may have suffered an injury far worse than that suffered by any other plaintiff, and the monetary losses you incurred may have been much more than anyone elseâ€™s. However, neither will matter in the least in a class action lawsuit, because you will not get a dime more than any other plaintiff. It basically works like this â€“ when the plaintiffs win a class action lawsuit, they all share a large pie, and they each get a slice that is the same size. You may have incurred financial losses (known in legal terms as â€śdamagesâ€ť) much greater than that of anyone else, and your injury may have been much more severe, but you get the same amount of compensation as every other plaintiff. It is also important to note that one attorney will be appointed to serve as the legal representative of all of the plaintiffs, and that attorney will lump all of the plaintiffs into one large group.
Here is an example that paints a pretty good picture of how a class action lawsuit operates. In 2009, a group of consumers filed a class action lawsuit against Kellogg Company, alleging that the company falsely advertised that two of its breakfast cereals, Cocoa Krispies and Rice Krispies, provided those who ate these cereals with health benefits. Specifically, the suit alleged that these breakfast foods supported the bodyâ€™s immune system. Kellogg agreed to settle out of court for $2.5 million â€“ this type of out-of-court agreement is typical when a corporation is targeted with this kind of legal action. But while the lawyers involved in the case emerged with thousands and thousands of added dollars to their bank accounts, all that the plaintiffs â€śwonâ€ť if you can term it as such, was a reimbursement of $5 per box purchased. The reimbursement was capped at a limit of three boxes, so the most any particular plaintiff could have won would have been $15. This amount of reimbursement was justified by the court on the grounds that no plaintiff had actually suffered any sort of personal injury. However, when several people participate in a transvaginal mesh lawsuit, they are doing so because they suffered some sort of injury after having the device implanted as part of a surgical procedure. Some of these injuries are fairly minor, while others are exceptionally severe.
A mass tort, however, takes into consideration all of the injuries that plaintiffs have suffered, as well as the damages these plaintiffs have incurred. The actual amount of the damages incurred is factored into any compensation awarded, as is the severity of all of the injuries that were suffered. The restitution awarded is commensurate with the seriousness of the injuries as well as the amount of monetary losses incurred. This is in direct contrast to a class action lawsuit, where all plaintiffs are awarded an equal amount of restitution This is the biggest reason that the transvaginal mesh attorneys with Grossman Law Offices feel very, very strongly that it is neither proper nor fair to lump all of the plaintiffs involved in a lawsuit into the same group.
When the actions or inaction of an entity or person result in another person suffering an injury, that injury victim can initiate legal action against the responsible party in an effort to seek restitution. This is a type of legal action that is known as a tort. When many different people suffer harm due to the inaction or actions of a single entity, these people can work in concert to seek compensation from that entity. The legal action that results in this instance is referred to as a mass tort. As was mentioned previously, this is a case that typically involves a large number of plaintiffs who live in several different states across the country. The dispute, when it reaches this level of number of participants, goes before a panel of federal judges that comprise the United States Judicial Panel on Multi-District Litigation. The judges determine whether or not the dispute in question meets the standards required of being classified as a mass tort. If the panel agrees that the dispute is worth of the â€śmass tortâ€ť label, it then appoints a single judge to oversee the discovery phase of the case. The panel will then select a group of attorneys who will be charged with gathering the evidence that will be used in the caseâ€™s discovery phase. The mass tort will then be sent from the federal court to the lower courts for consideration. The lower courts will use the evidence gathered during the discovery phase when rendering their decisions.
Again, it is imperative that you enlist the services of an experienced Laredo transvaginal mesh injury attorney as soon as you possibly can if you are considering taking part in a Laredo transvaginal mesh lawsuit. This kind of case, as we have mentioned several times, is not just complex and technical â€“ it is one of the most challenging cases in the entire legal realm. Again, several plaintiffs will be taking part in this litigation, and they will be living in many states across the country. Each state in which a plaintiff resides will have its own rules in regard to the amount of restitution that a plaintiff can seek, and it will have its own statute of limitations. At the beginning of the mass tort, there will be a small number of cases that will be decided, and these cases are referred to as the â€śbellwether cases.â€ť The bellwether cases will tremendously impact the rest of the mass tort because they will basically determine how the rest of the mass tort turns out. In the next section, you will see why the bellwether cases are so important.
The Critical Importance of the Bellwether Cases
You have, of course, been given a great deal of information in the last few paragraphs. As a result, we feel it is very important that you have the clearest picture possible of how a mass tort proceeds. Here is a summary of the information in those last few paragraphs. When may people are hurt because of the inaction or actions of a single entity, these people can work in concert to take legal action against the entity responsible for the injuries suffered by the victims. If these victims live in several different states, then the United States Judicial Panel on Multi-District Litigation, which is made up of federal judges, considers the dispute. These judges will determine whether or not the dispute can be classified as a mass tort. If the panel agrees that the dispute is, in fact, a mass tort, it is eventually sent to the lower courts for consideration. The bellwether cases, the first few cases of the mass tort that will be decided, will have a huge impact on the rest of the mass tort because if will largely determine the mass tortâ€™s outcome. Because these bellwether cases are so critical, the defendant (typically in these kinds of cases, the defendant is a deep-pocketed corporation) will spend a lot of money and work feverishly in order to win them. Likewise, the plaintiffsâ€™ legal representative will be working exceedingly hard.
If the defense emerges victorious in the bellwether cases, the defendant will likely be emboldened and view the remaining cases in the mass tort as substantially devalued. As a result, it will feel emboldened and display some sort of show of force. This show of force will probably be either a request to indefinitely delay the remaining cases in the mass tort, or to have those cases completely thrown out of court. However, if the plaintiffs win the bellwether cases, you can expect to unfold rapidly. The defendant will more than likely move quickly in order to attempt to reach settlement agreements with the remaining plaintiffs in the mass tort, and there will be two reasons for taking this approach. First, the defendant will probably not want to spend the money necessary to fight the rest of the cases of the mass tort, which it would probably view as being nothing more than lost causes. Second, the defendant would not want to have to deal with the adverse publicity that would come with trying to contest those cases. The defendant will basically want to, as quickly as possible, put the matter as far behind it as it can.
Multi-District Litigation and the Texas Statute of Limitations
A mass tort, as we have covered several times previously in this article, is composed of several plaintiffs who live in many states across the nation. All of the states in which these plaintiffs live have their own rules in regard to how much compensation a plaintiff can seek, and they also have their own statutes of limitations. This statute of limitations basically determines how much time a plaintiff who suffers some form of harm has to take legal action against the party responsible for inflicting that harm. The basis of any sort of personal injury case is a claim, which is also referred to as a â€ścause of action.â€ť Just as there are several different types of causes of action, there are several kinds of statutes of limitations also. For example, in Texas, there is a two-year statute of limitations on taking legal action in the form of a personal injury lawsuit. For libel, the statute of limitations is one year, and for legal action stemming from an act of fraud, the statute of limitations is four years.
As previously mentioned, if you are considering participating in a Laredo transvaginal mesh lawsuit, you will be joining several other plaintiffs across the country who are doing the same thing at the same time. Again, the rules of multi-district litigation will govern the mass tort in which you will be involved. This is the main reason why these kinds of cases are so challenging to litigate. The statute of limitations that will be applicable to the mass tort will be determined by the federal court. However, one of the biggest reasons why you need to hire a skilled and seasoned attorney as soon as possible is the fact that the federal court has yet to make that determination. Your lawyer will keep close tabs on developments in this ever changing and extremely complex type of case. Also, your attorney will give you updates on a regular basis in regard to these developments.
Earlier we mentioned the kind of case that a Laredo transvaginal mesh lawsuit will be, and the several technicalities and complexities that will result from this extremely difficult piece of litigation â€“ the varied statutes of limitations in the states in which the transvaginal mesh lawsuit plaintiffs reside, the role the multi-district litigation plays, the case going to the lower courts from the federal courts, and so forth. Hopefully, by this point of the article you have a clear understanding of how important it is to enlist the assistance of a seasoned and skilled attorney as fast as possible in order for you to have the best possible chance of obtaining the full and fair compensation to which you are entitled for the injury that you have sustained.
In the state of Texas, again, the statute of limitations is two years in regard to taking legal action in the form of a personal injury lawsuit. The statute of limitations that will be applied to your Laredo transvaginal mesh lawsuit, however, will depend on the date that the dangers associated with the use of the TVM device were made common knowledge. The FDA issued a warning in regard to the dangers of the transvaginal mesh device on October 20, 2008, and then the agency provided an update to that warning on July 13, 2011. Then, on January 5, 2012, the FDA ordered transvaginal mesh device manufacturers to conduct further study on the dangers associated with transvaginal mesh device usage and to submit the results of those studies to the FDA. In addition, the agency announced that it was considering applying the â€śhigh riskâ€ť re-classification to the TVM device. When a manufacturer voluntarily makes its own announcement in regard to the dangers associated with usage of one of its products, that is another manner in which common knowledge can be established.
We cannot stress enough how vitally important getting the help of an experienced attorney is to helping you win your case. Not only does this attorney have to possess a great deal of knowledge in dealing with this kind of litigation, he or she also has to have a strong track record of winning this kind of case. It is essential that your legal representative have both of these qualities if you are to have the best chance possible of securing the equitable restitution that you deserve for the suffering that you have experienced.
How a Transvaginal Mesh Lawsuit Can Benefit You
You may have the grounds for a Laredo transvaginal mesh lawsuit if you have been hurt due to the implantation of a transvaginal sling â€“ known also as a transvaginal mesh or a pelvic mesh â€“ as part of a surgical procedure. As we have pointed out repeatedly in this article, it is essential that you get the help of a skilled and seasoned lawyer as soon as you possibly can so that lawyer can start working on your behalf to protect your rights and give you the best chance possible of obtaining the compensation to which you are entitled for the injury you have sustained. The injury that you suffered may have been far more severe than that suffered by any other plaintiff, and your injury may not have been as serious as that suffered by someone else. Your case, however, is just as important as any other plaintiffâ€™s, no matter how minor or major your injury may have been.
It will ultimately be the responsibility of the person you choose as your legal representative to work on your behalf and to ensure your rights are protected, thereby giving you the best chance of winning your case and securing equitable restitution. This kind of case, once again, is extremely complex and technical â€“ it is among the most difficult in the entire legal realm. The seasoned and skilled Laredo transvaginal mesh injury attorneys with Grossman Law Offices, however, have dealt with these kinds of cases for two decades, so we are well aware of all of the technicalities and complexities associated with these kinds of cases, and we know how to handle them. Not only do we possess a large amount of critical experience in litigating these cases, we have a very impressive track record of winning them. We will take all of the hassle associated with this kind of difficult case off of your plate so your can focus all of your energy on recovering from the injury you have sustained. In the last two decades, the Laredo transvaginal mesh injury attorneys with Grossman Law Offices have assisted a great many clients in their efforts to obtain compensation for the suffering that they experienced.
How Grossman Law Offices Can Help You
The Laredo transvaginal mesh injury attorneys with Grossman Law Offices will give your case the individual and intensive attention that it not only requires, but also deserves. We provide this level of attention to our clients because we firmly believe it is the best way of providing the services they need and their best possible chance of obtaining the fair and full compensation they have coming for the injuries they have sustained.
We will put our tenacity and passion to work on your behalf, protecting your rights and taking care of every aspect of your case. That way, you can concentrate on recovering from your injury. If you are considering participating in a Laredo transvaginal mesh lawsuit, please call the lawyers with Grossman Law Offices as soon as you can at 1-855-589-5649 (toll free) for a confidential and free consultation regarding the specific circumstances surrounding your injury. We will give you an honest assessment of the strengths and weaknesses of your case, and we will let you know how we may be able to help. If you have any questions whatsoever, whether they are in regard to anything you have read in this article, mass tort law in general or your case in particular, we are available 24 hours a day, seven days a week to help. Let us provide you the best possible chance of winning your case and obtaining the full and fair compensation to which you are entitled for the suffering you have been forced to endure by putting our tenacity, passion and reputation for success to work on your behalf.