HOUSTON — Although a recent Texas judge threw out 76 cases this week, nearly 9,000 transvaginal mesh lawsuits have been filed in the consolidated litigation occurring in New Jersey state court.
Judge Hoyt of the U.S. District Court for Southern Texas threw out 76 transvaginal mesh lawsuits against Johnson & Johnson, its subsidiary Ethicon, and Ethicon’s Gynecare Prolift pelvic floor repair system. The judge found that this particular group of plaintiffs had no grounds for a case in Texas as Johnson & Johnson is based in New Jersey and most of the plaintiffs were from out-of-state.
While Johnson & Johnson and Ethicon are viewing this as a small victory, the company is ignoring the reality of over 9,000 similar cases pending or recently filed in the Atlantic County Superior Court of New Jersey. As of November 5th, 2014, there are 7,200 cases pending against Johnson & Johnson’s subsidiary Ethicon and 1,600 cases pending against C.R. Bard, Inc. Earlier this year, Johnson & Johnson a Texas state court ordered the company to pay a verdict of $1.2 million for its defectively designed Gynecare TVT-O transvaginal mesh device. Ethicon also was ordered to pay $3.27 million at the behest of a West Virginia federal jury for the pain and suffering caused by its defective transvaginal mesh products.
Similarly, another transvaginal mesh manufacturer, Boston Scientific, was ordered by a Texas Dallas state court jury earlier this fall to pay $73 million for damages and gross negligence.
Transvaginal mesh is a synthetic surgical mesh used to provide additional support when repairing weakened tissue in the body. In woman it is most often used in urogynecological procedures such as repairing pelvic organ prolapse and urinary incontinence. The purpose is to shore up a weakened vaginal wall and prevent Pelvic Organ Prolapse. The pelvic floor consists of the muscles and tissues across the pelvic opening that hold one’s organs in place (the bladder, uterus, vagina, bowels, and rectum). When the organs prolapse, or fall, they push into the vagina causing discomfort, pain, and incontinence.
Unfortunately, the mesh is known to erode and fail. This can cause additional prolapse, bleeding, organ perforation, pain, and other risks. In 2011 the FDA issued a safety update stating that serious complications involving transvaginal mesh were not rare and that patients were at greater risk to mesh contraction, internal bleeding, and other health concerns.
All of thelawsuits above relate to defective transvaginal mesh devices that resulted in a variety of health complications or injury, including mesh erosion, chronic pain, infection, and organ prolapse. The manufacturers of the defective medical products have also been accused in these 9,000 cases and in other lawsuits for failing to warn doctors and their patients about the risks of using transvaginal mesh in pelvic repair.
If you suffer from transvaginal mesh complications or related injuries, do not feel discouraged by the Texas court’s decision. The cases thrown out by the federal district judge in Texas were on the issues of venue and jurisdiction, not on the merits of the victims’ claims.
Our Lawyers Can Help
Our dangerous device attorneys can help if you or someone you care about was harmed by a transvaginal mesh implant. Lawsuits have been filed against the device maker by both patients and their families seeking compensation for injuries caused by the dangerous device. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our transvaginal mesh lawyers will help you file your lawsuit.
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