If you have been treated for a disease or condition requiring the implantation of transvaginal mesh (TVM) and have experienced severe pain or other injuries, you need someone on your side who understands your pain. You can rely on the lawyers at Wocl Leydon for compassionate, experienced help.
Firm Partner Brenden Leydon and attorney Jackie Fusco lead our transvaginal mesh team. Brenden has over 20 years of experience, including extensive defective products claims experience. He is an accomplished trial lawyer who aggressively fights negligent manufacturers and insurance companies when products such as TVM cause injury.
Jackie Fusco is also a Registered Nurse who understands clients’ medical concerns. Her unique perspective as a lawyer, nurse and mother allows her to connect with people and develop a thorough understanding of their needs. She knows the devastating effects TVM injuries can have on so many aspects of women’s lives.
Rather than filing cases as part of thousands of other cases in multidistrict litigation, we strive to negotiate on your behalf as an individual, which allows us to maximize your recovery. We currently have seven TVM cases pending in Connecticut as individual lawsuits. For answers and to get help immediately, call us in Stamford or Bridgeport at 203-333-3339. Free consultation.
When the internal structures that support organs are stretched or become weakened, it may be necessary to take corrective action through surgical procedures and other medical treatments. For many women, the structures that support the bladder, uterus, and bowel can become so weak that the organs can drop from their normal position and prolapse into the pelvis.
One common surgical procedure is to place a mesh implant through the vagina to repair this prolapse. Thousands of pelvic mesh implant procedures are performed each year across the United States.
Recently, the Food and Drug Administration (FDA) has started asking surgeons to consider alternative treatments for pelvic organ prolapse, due to the unnecessary risks that patients may face with the transvaginal mesh procedure. Some patients may suffer painful complications as a result of this procedure. Because the mesh implant is permanent, complete removal may not be possible. Complications could continue even after corrective surgery.
If you’ve suffered from unexpected pelvic mesh complications, you could be owed significant compensation for the harm you’ve suffered. You expected that this implant would make your life better and improve your condition, not make things worse. When a pelvic mesh implant injures you, you may have the right to take legal action against the manufacturer of the mesh or the doctor who performed the procedure.
Contact an experienced pelvic mesh lawyer at Wocl Leydon to get the help you need. We are ready to sit down with you and discuss your rights and all of the legal options available to you. We have been recognized for our commitment to our clients and their families, and we’re determined to seek the best possible outcome for you.
Call us or contact us online to schedule a free and confidential consultation with us today.
Are Surgical Mesh Complications Due to Malpractice or Product Liability?
A products liability case is based on the production and sale of a dangerous or defective product. In other words, if a manufacturer sells a surgical mesh that’s defective in design or construction, then an injured victim may have a valid products liability claim.
On the other hand, if the doctor’s poor judgment or careless work caused the complications, the case may be a medical malpractice claim.
Surgical Mesh and Products Liability
Surgical mesh complications may be the basis for a products liability claim based on a design defect, a manufacturing defect, or failure to warn.
A design defect means that the manufacturer failed to appropriately account for the possibility of complications when they designed the mesh. If a safer design could have avoided complications, a victim may have a products liability claim based on defective design.
A mesh rejection or mesh complication can also result from a manufacturing defect or a failure to warn. If manufacturers don’t properly educate doctors about how to insert a mesh or instruct them on when it’s appropriate to use a surgical mesh, the company may be responsible for products liability.
A manufacturing defect occurs when the company produces a mesh with a defect that does not conform to the proper design. In other words, there is a flaw in the way the mesh was made, not in the way it was designed.
Your Right To Seek Compensation
If you have surgical mesh implants, such as ProLift, ProLift+M, TVT, Obtryx, Monarc, ALYTE Y-Mesh, Mentor ObTape, AMS Elevate, Arise, Pinnacle, Lynx, Avaulta, Pelvitex or any other mesh, you may have claims against the manufacturer if defects caused your injury. We will aggressively pursue compensation for your pain and suffering, lost wages and medical bills.
What Is Transvaginal Mesh Supposed To Do?
Millions of women have had hysterectomies and hundreds of thousands have the surgery every year. Surgical mesh is often implanted in misguided attempts to support pelvic organs after removal of the uterus or to prevent incontinence. The most common reasons it is used are:
- Pelvic organ prolapse (POP) – Weakening of muscles and ligaments supporting the uterus, bladder and other pelvic organs can cause the organs to slip out of place. This is known as pelvic organ prolapse (POP). Surgical mesh is implanted in an effort to treat the slippage by supporting the organs that slip.
- Stress urinary incontinence (SUI) – SUI involves the unintentional loss of urine in the midst of physical exertion that puts stress (i.e., pressure) on the bladder. This pressure could come from running or lifting or from coughing or sneezing.
Safety Concerns And Possible Complications
The Food and Drug Administration (FDA) stated that TVM surgery can be more dangerous than not having the surgery. Federal regulators have been warning for years about the severe complications that can result when surgical mesh is used through the vagina in an effort to treat POP, including:
- Organ perforation
- Urinary problems
- Pain during sex
- Severe cramps
- Mesh contraction
- Vaginal scarring
- Decreased quality of life
Many of these complications may require additional treatment, including follow-up surgery.
Complications can also result from using a mesh sling to treat SUI. These tend to be less severe than those caused by using surgical mesh to treat POP. But they can cause pain and infections.
Surgical Mesh and Medical Malpractice
Surgical mesh complications may also result from medical malpractice. A doctor must use reasonable skill and care when they recommend a mesh. They must implant the mesh using reasonable care based on their training as a doctor.
If a doctor fails to perform any aspect of their job up to professional performance standards, mesh complications may give rise to a medical malpractice case.
How to Determine Liability for Defective Surgical Mesh
Liability for defective surgical mesh depends on the circumstances of the case. Determining liability for a defective surgical mesh depends on who makes the error that hurts the victim. If the injury occurs because the surgical mesh is defective, the manufacturer may be held liable.
A victim of a defective mesh must prove that the product is defective and show the link between the defect and their injuries. It’s not necessary to explain why or how the manufacturer made a defective product.
If your surgical mesh claim is due to medical malpractice, you must show how the actions of the doctor fell below professional standards. Determining a lack of reasonable care requires examining the facts of the case and comparing it to what a reasonable, skilled professional would to do in the same circumstance.
Symptoms of Transvaginal Mesh Complications
While every case is different, the symptoms of a transvaginal mesh complication may include any of the following:
- Mesh that becomes misaligned and sticks out from the tissue
- Damage to other tissue and organs
- Aches and pains
- Infection, fever associated with infection
- Internal and external bleeding
- Discomfort during sexual intercourse
- Damaged organs during the insertion process
- Cuts, bruises, and perforations
- Pain during urination or difficulty urinating
- Urinary tract infection
- Erosion that makes the mesh ineffective
- Back and leg pain
- Ineffective mesh that doesn’t fix the original problem
Types of Problematic Pelvic Mesh
There are many different pelvic mesh manufacturers, including for example:
- Boston Scientific
- Tyco Covidien
- Mentor Ob Tape
- Johnson & Johnson
There are differences between types of pelvic mesh. A mesh may be synthetic or animal-based. An animal-based mesh is sterilized and processed before use. Synthetic mesh comes in both knitted and non-knitted designs.
A mesh may be absorbable or non-absorbable. If a mesh is absorbable, it dissolves over time. A non-absorbable mesh remains permanently as part of the body.
What Damages Can I Claim?
The mesh settlement tiers that may apply to your claim depends on the specific damages that you suffer. In most cases, you can claim your additional medical bills because of the complications, as well as an extra amount to account for your physical pain and suffering.
Your medical bills include any costs associated with treating the complications. If you need additional surgeries, evaluations or antibiotics, all of these costs are included in your claim. Other financial losses like travel to medical appointments and lost income because of complications can also be included in your claim.
The amount that you can claim for physical pain and emotional suffering depends on the seriousness of your injuries and the laws that apply to your claim. While some states limit the amount that a victim can claim for pain and suffering or emotional anguish, the State of Connecticut doesn’t place any limits on the amount that a victim may claim for pain and suffering because of a defective vaginal mesh.
There may be different laws that apply to your claim, so it’s best to discuss your case with an experienced attorney for vaginal mesh cases.
How Can Wocl Leydon Help Me?
If you have questions about a problematic vaginal mesh implant, the attorneys at Wocl Leydon can help. It’s our goal to help you understand your rights and take action to seek the compensation that you deserve.
Because your time to file a claim is limited, call us or reach out to us online now to schedule a confidential consultation with a member of our team.
Contact Our Attorneys For Help After A Transvaginal Mesh Injury
Call 203-333-3339 or contact us online to schedule a free consultation with our team. We can guide you through the process and help you recover compensation.