At some point during their lives, about half of all women will endure pelvic organ prolapse, or POP, in one form or another with about 2% of experiencing symptoms that qualify as severe. Making matters worse is the fact that many women are too embarrassed to admit they are experiencing the distressing symptoms of their condition, which range from persistent pressure in the pelvis to incontinence, problems having a bowel movement, and painful intercourse.
To help control the symptoms associated with POP, a procedure was developed that involves surgically adding mesh to the area around a woman’s vagina, thereby mitigating the effects of prolapse. Unfortunately, for many women, they have experienced numerous complications because the mesh utilized in these surgeries has deteriorated. In instances like these, the mesh that was placed to manage the symptoms of POP only served to cause the women greater distress.
There are numerous side effects for surgeries involving gynecological mesh; however, only the symptoms that are clearly associated with deteriorating gynecological mesh will be listed in a lawsuit. The gynecological mesh complications listed in the lawsuits include pain in the pelvic or vaginal area, damage to the nerves, a necessary revision surgery, blockage of the urinary system, ongoing incontinence, mesh contraction or hardening, organ perforation, and a number of other possible consequences.
When is a lawsuit concerning transvaginal mesh appropriate? Not every woman who had a surgery involving transvaginal mesh will qualify to be a plaintiff in this type of action, which is in essence, a products liablity lawsuit. In these cases, the subject of the lawsuit is typically not the medical staff’s negligence during the surgery itself. Rather, a transvaginal mesh lawsuit will involve the risks associated with the use of the product itself, and the failure of those who designed and manufactured the transvaginal mesh to reasonably anticipate the consequences that might come from the intended and proper use of their product.
It is important to note the fact that not every woman who has undertaken a surgery that involved transvaginal mesh will qualify to bring a lawsuit. In order to determine whether or not you might qualify to file a lawsuit against the manufacturers of the transvaginal mesh medical device, a qualified attorney will need to know what type of surgery you had and what date the surgery took place. In certain instances, the lawsuit will only involve products that were manufacturered and distributed between a particular set of dates.
While the United States has reclassified transvaginal mesh as high risk, the FDA has declined to outright ban the product. This is not the case in all countries, as the product is no longer permitted in New Zealand or Australia. While the FDA has not banned the mesh, thousands of complaints are filed with the agency each year concerning the mesh. As more people experience side effects due to the mesh, more class action lawsuits are appearing in courts across the country. If you believe that you might qualify to bring a lawsuit related to the deterioration of transvaginal mesh, it is worth consulting an attorney who is experienced in this particular area of law to gain access to essential information regarding your case. The attorneys at the Law Offices of Sadaka Associates are adept at handling these cases; call today for a free consultation.
Learn more about Medical Device Lawsuits.