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A new lawsuit has been filed in West Virginia alleging Ethicon Inc. and Johnson & Johnson are responsible for the injuries sustained by a patient implanted with a transvaginal mesh product.
The Ethicon transvaginal mesh injury lawsuit maintains that the manufacturer is responsible for negligence, manufacturing defects, failure to warn, design defects as well as negligent misrepresentation, breach of implied and express warranty, and gross negligence.
According to the Ethicon transvaginal mesh lawsuit, the defects of the medical device are allegedly the cause of permanent injury and physical pain and suffering as well as the fact that the patient has already undergone significant medical treatment and is likely to do so in the future. The Ethicon transvaginal mesh lawsuit is being used in an effort to recover lost income, medical expenses and other damages.
History of Transvaginal Mesh Products
The products began to be manufactured in October of 2002 for the treatment of pelvic organ prolapse and stress urinary incontinence. A product known as TVT was designed for the treatment of stress and urinary incontinence in females and is offered in multiple different variations.
Whereas pelvic organ prolapse refers to the weakening of the woman’s pelvic muscles in which organs might eventually move out of place, stress urinary incontinence refers to bladder control loss when the patient exercises, laughs, sneezes, or engages in any strenuous activity.
The surgical mesh products developed by Johnson and Johnson and Ethicon have been used to repair abdominal hernias for decades. They began being used in the 1970s for the purposes of repairing prolapsed organs due to the damage or weakening caused to the walls of the vagina. These are promoted as minimally invasive procedures and innovative products that can help women facing these medical conditions.
As the Ethicon transvaginal mesh lawsuit argues, however, the risk of severe injuries is high due to the presence of polypropylene mesh. The leading complication reported by patients has to do with problems caused by the erosion of the mesh. The mesh fragments can migrate throughout the body and become adhered to other tissue, making surgical removal more complicated.
The defendants obtained Food and Drug Administration approval for their pelvic mesh products under section 510(k) of the medical device amendment which allows for the marketing of these medical devices if they are substantially similar to devices that are already on the market. In 2008, the FDA issued a public health notification outlining more than 1,000 complaints received over a three-year period associated with these pelvic mesh products.
The lawyers at McDonald Worley represent patients who have suffered harm due to defective medical devices, including transvaginal mesh products. Contact them today for a FREE case review.