The Legal Litmus Test for Vaginal Mesh Defects

Going to trial is often a risky business, which is why most plaintiffs choose to accept settlements rather than take their chances before a jury. This was confirmed when the judge in West Virginia dismissed a product liability case against Johnson & Johnson (J&J) which alleged that the vaginal mesh defect caused serious injury to the plaintiff.
The West Virginia case was a win for J&J, and an encouraging sign for other transvaginal mesh manufacturers, who collectively are facing 43,000 more cases that are awaiting trial. But it may be too early to celebrate.

A more recent case heard in Texas came to verdict for the plaintiff, and the jury awarded the plaintiff $1.2 million in damages. The cases and allegations were similar, but the difference in outcome may have been due to how well the case was presented.

Transvaginal mesh products were first approved by the Food and Drug Administration as a solution to stress incontinence and pelvic organ prolapsed in women in 1998. It is based on the design of the surgical mesh, which has been successfully used for hernia repair with no serious adverse consequences. However, because the mesh is placed the vaginal area, manufacturers should have conducted tests and accordingly modified the design of the mesh to take into account the unique issues of the location, including sterility and movement. Because they failed to do this, thousands of women implanted with the mesh has suffered serious side effects, including erosion of the mesh, organ perforation from mesh displacement, pain during intercourse, and scarring.

It was only in 2012 when the FDA ordered an investigation into the matter after thousands of cases were filed alleging defects in the design of the various transvaginal mesh products, but it was too late for the millions of women who had already had the procedure done. But it is not too late to get compensation.

If you or a family member has suffered pain or injury from a transvaginal mesh, you may be qualified to get compensation for the failure of these manufacturers to warn you about the dangers. Consult with a product liability lawyer in your area with experience in handling this particular type of case to get more information.

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