Santa Rosa Transvaginal Mesh Lawsuits
Have You Been Injured by a Pelvic or Transvaginal Mesh Implant? Discuss Your Case With an Attorney Today
Women in Santa Rosa, California, as well as the rest of the nation, have undergone the transvaginal mesh implant procedure as a treatment for problems such as Stress Urinary Incontinence (SUI) or Pelvic Organ Prolapse (POP). However, many of these women are experiencing unexpected complications resulting from the transvaginal mesh device causing in some cases even more health problems than they experienced before the procedure. Therefore, the transvaginal mesh implants are now being reassessed to determine if the device really is safe and effective for women in Santa Rosa, California, as well as across the nation.
If you are a Santa Rosa, California transvaginal mesh victim, you should educate yourself on your legal options and consult experienced defective product attorneys immediately. There is help available, but because of statute of limitations, you must act quickly. This article, from the experienced personal injury attorneys at Grossman Law Offices, will provide information about your options regarding defective transvaginal mesh implants.
First of all, the transvaginal mesh injury claim will be what is called â€śmass tort litigationâ€ť, which means many clients throughout California, as well as other states across the United States, will be part of a larger scale legal action against defective transvaginal mesh implants. Even though there will be multiple clients, each client will receive specialized attention for the unique details of their particular case so that every client receives appropriate awards to compensate for their specific injuries. No claim will be exactly alike and everyone deserves personalized attention.
What is a Transvaginal Mesh Implant?
Usually implanted through the vagina, a transvaginal mesh device is a permanent surgical mesh made from synthetic materials to help strengthen the pelvic muscles of women who suffer complications from weakened pelvic muscles, typically due to a hysterectomy, vaginal delivery or low estrogen levels. The transvaginal mesh implant is a relatively new procedure, with the Food and Drug Administration (FDA) approving the implant in 2002. It is now used to treat problems such as Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP).
SUI or Stress Urinary Incontinence causes women to lose control of their urinary flow, which can result in embarrassment, inconvenience and many more severe problems in the busy daily life of todayâ€™s woman. The transvaginal mesh implant is a treatment used to support the urethra and bladder in these cases so control can be regained. POP or Pelvic Organ Prolapse can be an even more serious condition. Because of the weakened pelvic muscles, the pelvic organs, such as the bladder or uterus, can fall out of place (or prolapse) and even fall into the vaginal opening causing severe pain and other problems. Again, the transvaginal mesh device is a treatment used to support these organs so they stay in place in the presence of weakened pelvic muscles.
Nearly 300,000 women in the United States have had the transvaginal mesh device permanently implanted to strengthen their pelvic muscles and get relief from SUI and POP. The largest manufacturers of these devices include Johnson & Johnson (Gynecare), Bard, Boston Scientific and American Medical Systems (AMS). Sadly, Santa Rosa, California women are among the victims of serious complications resulting from these transvaginal mesh implants.
Transvaginal Mesh Implant Complications
Some women who have had the transvaginal mesh implants are now worse off and in more pain than they were before the surgical procedure. Complications range widely from minor to life threatening. Complications include:
- Mesh material moving around the body and affecting other organs and tissues
- Serious infections
- Erosion into the Vagina
- Discomfort and pain during intercourse
- Urinary problems
Women with more serious complications have even tried to have the device removed, however, it is difficult to get all of the mesh material out of the body, especially after it begins to erode. The FDA reports that more than half of the women who suffered erosion had to suffer through another surgery to have the device taken out and some even had to have multiple surgeries in attempts to fully remove the harmful implant. Even if the device is not removed, in the case of erosion, the pelvic organs can drop once again making the device completely ineffective.
Pursuing Legal Action
You do have options. First you must contact an experienced attorney that has demonstrated much success in personal injury cases, similar to the transvaginal mesh implant cases. We recommend you find a law office with a lot of experience specifically in mass tort litigation and attorneys who understand the ins and outs of how mass tort litigation works. Legal action against transvaginal mesh implants involve multi-district and multi-state litigation, so your law office must be familiar with the laws in many different states, their statutes and know all the many differences in each separate judicial system.
Be very careful about who you choose to be your transvaginal mesh attorney in Santa Rosa, California. Some personal injury law firms could lump clients all together to save time, but you may not get the compensation you deserve for your particular injuries. You need personalized attention to make sure you get the award you deserve for your suffering. At Grossman Law Offices, we make sure all of our clients receive personalized attention. Grossman Law Offices have proven success in personal injury claims for over 22 years.
How Do Personal Injury Cases Work?
In all personal injury cases, the plaintiffs must prove the defendant was negligent and that negligence directly caused harm and injuries to you. It is not enough to simply be angry and accusatory; there must be specific proof and evidence that the defendantâ€™s negligence caused you harm and injuries.
Whenever anyone purchases a product, the buyer expects the product to be safe and effective in what the manufacturer claims the product will do. And the buyer certainly expects the product to not cause unexpected injuries or harm, especially when the product is purchased specifically to better and improve our overall health and quality of life. For example, if a consumer purchases a toaster for his kitchen, he does not expect the toaster to explode causing serious damage or injuries, just as we donâ€™t expect a medical implant used to treat a condition, like in this case, to cause us serious harm. If it can be proven that the manufacturer knew there was a risk of harm, but did nothing to change it, inform anyone, or stop it because they didnâ€™t want to risk their profits, then legal action must be taken against the manufacturer so justice can be served and other manufacturers will hopefully be more careful with their products. When a large percentage of consumers of a product are harmed due to product use, there will likely be deficiencies found in the research and testing phases of product development by the manufacturer proving negligence.
Differences between Class Action and Mass Tort Cases
Class action and mass tort are the two main types of personal injury cases where many plaintiffs are involved in bringing a suit against one common defendant. The two types of cases are alike in some ways, but the transvaginal mesh case is a mass tort case because it takes into account the harm suffered in each individual case, which is unlike a class action lawsuit.
Class action personal injury lawsuits group all claims against the shared defendant together and then any awarded compensation is evenly divided among all the plaintiffs. They are all treated as one big group and no consideration is given for the individualâ€™s degree of harm or seriousness of their injuries. The attorneys also treat the parties as one big group and very little individual attention is given to anyone who has suffered damages.
A great example of a class action case is the Kelloggâ€™s class action lawsuit from 2009 where Kelloggâ€™s was accused of misrepresentation for labeling their Cocoa Krispies and Rice Krispies as products that would help strengthen the immune systems of its consumers. To avoid a lengthy and public trial, Kelloggâ€™s chose to settle out of court for a total amount of $2.5 million. Once the attorneys received their share, the remainder of the settlement was equally divided among the plaintiffs who brought the suit, which amounted to a $5 reimbursement for each box claimed, but only up to a maximum of three boxes. So the most any plaintiff received in this class action case was $15.
Since there was no actual personal injury or harm caused by the false claim on Kelloggâ€™s products, the reimbursement may have been appropriate in this case. However, in a case like a Santa Rosa, California transvaginal mesh injury claim, victims have suffered great pain and complications resulting from the use of this product and they deserve to be compensated fairly and in relation to their pain, suffering and extent of damage.
Therefore, a mass tort is the best type of lawsuit for transvaginal mesh victims. Mass tort suits will analyze each separate case and take into account all the injuries and harm for each individual case. Instead of being evenly divided as in class action lawsuits, all settlement amounts will be awarded in accordance with the harm each victim has had to endure. It would simply be unfair to group everyone together when the injuries are so vastly different and vary in degrees of harm.
When one person or entity causes harm to another person or entity, a tort can be filed. A mass tort is filed when a person or entity causes damages to a multitude of people. When many people make a product liability claim against the same product, the claim then goes to a group of federal judges that make up the U.S. Judicial Panel on Multi-District Litigation to determine whether it meets all necessary requirements to establish a mass tort. Once mass tort is established, one judge is designated to serve over the consolidated discovery of all cases. A group of lawyers is chosen to collect all the evidence which can be used in all transvaginal mesh claims to follow. Even though the same evidence is available for all claims, each case is heard on an individual basis in the lower courts.
Experienced and knowledgeable legal representation is crucial for Santa Rosa, California victims of transvaginal mesh devices because each state has its own laws, statutes and judicial systems that have to be navigated and carefully handled in mass tort claims. Once the evidence is collected and individual cases are heard at the lower levels, the first few cases are incredibly important. These first cases are referred to as the â€śbellwether casesâ€ť and these cases will have a great impact on all the rest of the transvaginal mesh claims.
The initial cases that are tried after the evidence is collected and the claims go to the lower courts are referred to as the bellwether cases. Defendants will fight extra hard to win these first few cases because if they win these, then their chance of winning further cases is greatly increased. In fact, if the defendant wins the bellwether cases, the defendant will usually attempt to have any remaining claims dismissed or delayed indefinitely to avoid more court time and negative publicity. The bellwether cases set precedence for the rest of the claims, so winning these first few cases is crucial in the battle against defective transvaginal mesh implants.
If the plaintiffs win the bellwether cases, then that will benefit the remaining plaintiffs as well because the defendants will be much more likely to settle the cases and end the legal proceedings as quickly as possible.
Multi-District Litigation and California Statute of Limitations
As previously mentioned, one of the reasons Santa Rosa, California victims of transvaginal mesh implants need experienced and knowledgeable attorneys is because of the complexities of knowing the laws, statutes and legal systems of multiple states, which all vary, in mass tort claims. In the State of California, the statute of limitations in a personal injury claim is two years. Therefore, California gives their residents a time limit of two years to file a claim or cause of action against another party who has caused harm or injury. The two year time limit typically begins when the harm is done and a cause of action has developed.
Since the transvaginal mesh claims will be a mass tort and filed in courts across the nation in many different jurisdictions, the case will fall under multi-district litigation rules and the federal courts will be the one to establish the actual limit to file a claim. However, Santa Rosa transvaginal mesh victims should not hesitate in filing their claims. Pursue legal action immediately, since no one knows how long the federal courts will grant for claims. It is crucial that all transvaginal mesh implant victims in Santa Rosa acquire an experienced personal injury attorney immediately so that they can keep you informed of all developments in this complicated mass tort.
With all this information and the complexities involved, it is incredibly important to have an experienced and knowledgeable legal team on your side. Even though there is a two year statute of limitations in California, the date of the beginning of the limitation is not clear in this type of case. Usually the beginning date falls on the day the harm becomes common knowledge, but in this particular case, the federal judge will mandate the limitations, since the date of common knowledge is also unclear. On October 20, 2008, the FDA issued a warning against transvaginal mesh implants, however there was an updated warning issued on July 13, 2011. There could also be a date set by the manufacturer who could issue a voluntary statement warning users about the possible complications of this product. Either way, time is very important and it is crucial you pursue legal action immediately if you think you may have a claim.
Will a TVM Claim Be Beneficial to Me?
If you are a patient who has received the transvaginal mesh implant and have suffered discomfort, pain or other injuries as a result, pursue legal action and make a Santa Rosa, California transvaginal mesh claim by speaking with an experienced attorney as soon as possible. The attorneys will listen to your claim, ask specific and important questions and consult with you to figure out the best plan of action for you. All types of injuries and harms are important and significant in these types of mass tort claims. Consult with an experienced attorney as soon as you can.
It is your attorneyâ€™s responsibility to make sure you get the compensation you deserve for the harm, pain or injuries you have suffered. Grossman Law Offices will give you personalized attention and help you determine your best course of action to be successful. Choose a legal team with a successful track record for personal injury claims. Grossman Law Offices has over 22 years of experience in handling successful personal injury claims.
Contact the Experienced Personal Injury Attorneys at Grossman Law Offices
Grossman Law Offices has the experience, knowledge and commitment you deserve and will consider it a privilege to discuss your claim. We have the knowledge and experience to handle such cases and will do so with respect and trust. Call us toll-free at 1-855-589-5649.