Women’s health and well-being should be respected and protected with the highest regard. Unfortunately, medical devices, such as transvaginal mesh, intended to improve personal health have caused detrimental harm instead. Serious injuries and complications have been caused by these dangerous devices, leading to severe physical, financial, and emotional consequences.
If you were injured by a transvaginal mesh device, you may qualify for legal action—and the lawyers at Estey & Bomberger, LLP can fight for your right to justice. Our transvaginal mesh lawsuit attorneys are currently representing women in their claims against the manufacturers of these defective devices.
With our breadth of knowledge and a track record of success, you can trust our mass torts law firm to advocate for the compensation that you deserve.
Why Choose the Attorneys at Estey & Bomberger, LLP?
- Our product liability attorneys specialize in medical device litigation and possess the resources, skills, and experience necessary to fight for your maximum settlement. In a five-year period alone, we have recovered over $500 million for our clients.
- Our firm is committed to providing personalized legal services. We understand that every case is unique and requires a tailored approach. We will take the time to listen to your story, addressing your concerns while striving to achieve the best possible outcome.
- We believe that everyone deserves access to quality legal representation, which is why we operate on a contingency fee basis. If we do not win a settlement in your case, you won’t have to pay any legal fees, limiting your out-of-pocket costs.
What Is Transvaginal Mesh?
Transvaginal mesh is a medical device designed as a net-like implant. Its primary function is to provide extra support to damaged or weakened internal tissues. Often, this device is used to treat conditions like pelvic organ prolapse (POP), a condition where organs like the bladder, uterus, rectum, or small intestine start to drop due to the weakening of the muscles and ligaments supporting the pelvic organs.
It’s also used for stress urinary incontinence (SUI), a condition characterized by involuntary leakage of urine during activities that increase pressure inside the abdomen like coughing, sneezing, or heavy lifting.
Both conditions can drastically affect your quality of life, making the need for a solution essential. While the transvaginal mesh was intended as this solution, its usage has led to severe complications.
Injuries and Complications Associated with Transvaginal Mesh
One of the most common complications associated with transvaginal mesh is the erosion of the mesh through the vagina. This occurs when the mesh wears through the tissues of the vaginal wall, causing severe pain and discomfort. The mesh can also shrink or contract, leading to vaginal shortening, tightening, or scarring.
Pain during sexual intercourse is another complication linked to the implant. For some, the pain is so intense that it completely halts their sexual activity, impacting personal relationships and mental well-being.
Frequent infections have also been reported, with some women experiencing recurrent urinary tract infections that require ongoing treatment. Others have reported organ perforation, where the mesh erodes to such an extent that it punctures nearby organs, a severe complication that often necessitates surgical intervention.
Other complications and injuries associated with transvaginal mesh include:
- Bleeding
- Urinary problems
- Reoccurrence of POP and SUI
- New or worsening incontinence
Who Is Eligible for a Transvaginal Mesh Lawsuit?
If you have experienced injuries or complications due to transvaginal mesh, the impact on your life can be severe. You may need to undergo additional medical procedures, including corrective surgery, to replace the implant and address any complications.
You could suffer from lost income while receiving care for or recovering from your injuries. At the same time, you can experience extreme mental anguish, loss of confidence, chronic pain, and many other physical and emotional consequences.
Filing a lawsuit can help you recover from these damaging effects by providing financial compensation to reimburse you for any losses. Generally, if you have received a transvaginal mesh implant and suffered complications as a result, you are eligible to file a lawsuit against the manufacturer of the device.
In these situations, it is important to consult with a specialized transvaginal mesh attorney who can assess your case and identify your optimal path to recovery. Contact a mass torts attorney at Estey & Bomberger, LLP by calling (800) 260-7197 for a free case consultation and learn more about your legal options.
How to Prove a Lawsuit for Transvaginal Mesh
In many cases, transvaginal mesh lawsuits fall under the umbrella of product liability. These are claims that are filed against manufacturers for a product that is defective in its design, manufacturing, or warnings and instructions.
To recover compensation in a transvaginal mesh lawsuit, you will need to gather evidence that establishes four important facts:
- You Were Using the Product as the Manufacturer Intended: Generally, you must have used the product in the way that the manufacturer intended consumers to use it. In cases involving transvaginal mesh, your doctor must have recommended it to treat a medical condition like POP or SUI. Your medical records can help establish this fact.
- The Product Was Defective: This can refer to an inherent flaw in the design or manufacturing process of the transvaginal mesh that made it unsafe or unfit for its intended use. Evidence might include manufacturer recalls, testimonials from medical experts, or even internal documents from the manufacturer demonstrating knowledge of defects.
- You Were Injured or Suffered Losses: You must have suffered complications or injuries as a result of the transvaginal mesh implant. These primarily involve physical injuries, but you can also include emotional distress and financial losses in your lawsuit. This might be documented through medical records, therapy records, and financial documents showing the cost of medical treatments, lost wages, and other damages.
- The Defective Product Caused Your Injury: Finally, it’s crucial to establish a clear link between the defective mesh and your injuries or losses. Expert medical testimony, along with comprehensive medical records tracing your health complications back to the mesh implant, can help demonstrate this causation.
Proving a transvaginal mesh lawsuit can be a challenge, but your experienced defective products attorney from Estey & Bomberger, LLP can help. Your lawsuit will conduct a full investigation into your case to gather this important evidence and craft a compelling argument for your right to compensation. We will leverage the full extent of our firm’s resources to secure the settlement that you deserve.
What to Do If You Have a Transvaginal Mesh Implant
While certain types of vaginal mesh implants have substantial rates of failure, not everyone with these devices experiences complications. If you’ve had a transvaginal mesh implant, there’s no immediate action required unless you start experiencing adverse effects. Regular medical examinations and an understanding of potential symptoms can help protect your ongoing health and wellbeing
If you are experiencing any complications related to your implant, seek medical attention right away. Follow your doctor’s orders and continue to receive treatment. During this time, save any evidence related to your medical interactions, symptoms, treatments, and any conversations with healthcare providers. You should also maintain a log of hospital visits, surgeries, prescriptions, and any additional treatment required.
Once you have received medical attention, contact a lawyer from Estey & Bomberger, LLP right away. Your transvaginal mesh lawsuit attorney will assess your case, identify your legal options, and help you take your first steps toward recovering the compensation that you deserve.
What Is Your Transvaginal Mesh Lawsuit Worth?
In your lawsuit, you can claim two types of damages: economic and non-economic.
- Economic damages refer to your financial losses, like medical expenses, lost wages, and disability accommodations.
- Non-economic damages involve the physical and emotional pain and suffering that you endured as a result of the defective implant.
The value of a transvaginal mesh lawsuit can vary greatly depending on various factors. The severity of your injuries, the impact on your quality of life, the amount of past and future medical expenses, lost earnings due to your inability to work, and the degree of pain and suffering endured all play a role in determining the worth of your lawsuit.
For instance, if you’ve had to undergo multiple surgeries to correct complications arising from the mesh, your lawsuit could potentially be worth more compared to someone who required less invasive treatments. Similarly, if your ability to work has been severely affected, leading to a loss of income or earning potential, this could also significantly increase the value of your claim.
Past lawsuits have seen settlements range from tens of thousands to millions of dollars. Every case is unique, which is why it is important to consult with a transvaginal mesh lawsuit attorney who can help calculate your potential award.
The Statute of Limitations for Transvaginal Mesh Lawsuits
In every state, there is a law known as the statute of limitations that sets a deadline for filing a certain type of lawsuit. For transvaginal mesh lawsuits, the statute of limitations varies from state to state, typically ranging from one to four years from the date the injury was discovered or should have reasonably been discovered.
Below are a few examples:
- If you live in Alaska, Arizona, California, Colorado, or Illinois, you must file within two years from the date of the injury.
- If you live in New York, Maryland, Massachusetts, New Mexico, or Vermont, you must file within three years.
- If you live in Florida, Minnesota, Nevada, Tennessee, Nebraska, or Wyoming, you must file your lawsuit within four years.
Exceptions may apply to the statute of limitations, and in some cases, it might be possible to extend this timeframe. However, such cases are typically the outlier rather than the rule. If you file your lawsuit after the statute of limitations passes, the court will most likely dismiss your case and prevent you from recovering compensation.
Benefits of Hiring a Transvaginal Mesh Lawsuit Attorney
Navigating a transvaginal mesh lawsuit can be a complex and challenging task, particularly when you’re also dealing with medical complications. By hiring an attorney to represent your case, you gain access to a wealth of benefits that can help alleviate this stress and increase your chances of a successful outcome.
A transvaginal mesh lawsuit attorney can provide several advantages, such as the following:
- Expert Legal Advice: The laws surrounding medical lawsuits are intricate and understanding them requires specific knowledge and experience. An attorney can provide valuable advice based on his or her deep knowledge of product liability litigation, helping you navigate these laws, understand your rights, and build a robust legal case.
- Case Preparation and Representation: Gathering evidence, preparing legal documents, negotiating with opposing parties, and representing you in court are all tasks that an experienced transvaginal mesh lawyer can handle. Your lawyer will take care of all legal and administrative matters on your behalf, allowing you to focus on healing and recovery.
- Emotional Support: Dealing with a lawsuit can be emotionally draining. A good attorney will not only handle your case professionally but also provide the emotional support, understanding, and reassurance that you need throughout the process.
- Maximizing Your Compensation: With his or her understanding of the laws and the legal system, a skilled injury attorney can help fight for your right to fair compensation. Your lawyer will consider all aspects of your case, including current and future medical costs, loss of income, pain, and suffering, and any other relevant damages to calculate your potential award.
- Access to Resources: Your attorney will have access to a vast network of resources, including medical experts, investigators, and other legal professionals who can advocate for your right to recovery. He or she can leverage these resources to strengthen your case, helping to ensure that all aspects are thoroughly and professionally addressed.
Schedule Your Free Case Consultation Today
If you or a loved one have been harmed by a transvaginal mesh implant, you deserve justice. At Estey & Bomberger, LLP, our product liability attorneys are deeply committed to advocating for individuals who have been wronged by defective medical devices. We can provide the support, guidance, and advocacy that you need to hold the manufacturer accountable and secure the settlement that you deserve.
Contact us today at (800) 260-7197 to schedule a free case consultation with a transvaginal mesh lawsuit attorney. At your consultation, your lawyer will carefully evaluate your case and identify your optimal path to financial compensation.