Are You Eligible to File a Vaginal Mesh Injury Claim?

Women who’ve experienced complications caused by a transvaginal mesh device may be eligible to receive compensation for their injuries.

Vaginal mesh was first approved by the FDA in 1996 to treat stress urinary incontinence and pelvic organ prolapse (POP), conditions that primarily affect women who’ve experienced childbirth, hysterectomy or other significant physical changes. The mesh is positioned over the pelvic floor muscles and then sewn into the surrounding tissue. Doing so is intended to provide reinforcement for these muscles and prevent drooping or sagging of the internal organs.

Problems with pelvic mesh first came to light in 2008, after the FDA received numerous consumer complaints from women who said the mesh was causing serious side effects, including abdominal pain, infection, swelling and painful intercourse. Complaints continued to mount and in July 2011, the FDA issued an updated safety communication advising women and health care professionals that the risks associated with the mesh could potentially outweigh its benefits. In January 2012, the FDA announced that it was ordering 33 vaginal mesh manufacturers to conduct post-market research studies of these devices to determine how effective they were in treating pelvic organ prolapse and how safe they were for consumers.

Women across the country have filed personal injury claims against several makers of vaginal mesh implants. The plaintiffs allege that the companies knew of the risks to women but continued to market the mesh anyway and that the implants caused a wide range of complications, including tissue damage, blood vessel damage, bowel and bladder perforation and internal scarring. A number of federal lawsuits involving C.R. Bard’s Avaulta mesh were consolidated into a multidistrict litigation in a West Virginia court. In February 2012, lawsuits involving Johnson & Johnson, Americal Medical Systems and Boston Scientific were transferred to the same court.

The plaintiffs are seeking an unspecified amount of compensation for their injuries. Women who believe they were injured by a transvaginal mesh implant may be eligible to file a lawsuit of their own. Eligibility is determined on a case-by-case basis but generally, you should meet the following criteria to file a vaginal mesh lawsuit:

  • You must have suffered injuries or complications caused by the mesh implant
  • Your medical records should document your injuries and treatment
  • You must be within the statute of limitations for filing a claim in your state

An experienced vaginal mesh attorney can guide you in determining whether you have grounds to file an injury claim. Don’t hesitate to seek qualified legal representation in order to ensure that your rights are protected.

Nadrich & Cohen, LLP represents victims in all 50 states who were injured by a vaginal mesh device. For more information on filing a vaginal mesh claim, call 1-800-718-4658.

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