According to WebMD, nearly half of women between the ages of 50 and 79 experience pelvic organ prolapse. A prolapse occurs when the muscles and tendons holding internal organs in place in a woman’s lower body become weak. When that happens, some of the organs – often the uterus – will slip down and protrude through the vagina. One of the ways to treat this condition was to use transvaginal mesh to strengthen the floor of the pelvis. But amid many complaints and complications, the Food and Drug Administration banned the sale and distribution of pelvic mesh products in 2019.
Transvaginal Mesh Lawsuits
Given the issues with transvaginal mesh, many women filed lawsuits after suffering complications from the procedure. One of the women filed a lawsuit that is pending in the United States District Court for the Northern District of Georgia. That court recently made a pretrial ruling that explains the legal theories of recovery for product liability in mesh cases.
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The woman’s complaints included chronic pain, narcotic dependence, and difficult or painful sexual intercourse. Her attorneys argued that the transvaginal mesh that caused these problems was defective because of a type of plastic used in manufacturing the mesh. The mesh accordingly posed an unreasonable risk of harm to the consumer.
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Claims of Negligence
But the court also cataloged the many claims of negligence the woman alleged in her court papers. In general, negligence is the failure to take reasonable care that results in personal injury. The numerous claims of negligence spelled out what the woman said the manufacturer of the transvaginal mesh failed to do or did incorrectly:
- design the mesh differently
- manufactured the mesh correctly
- tested the mesh
- inspected the mesh
- trained workers how to use transvaginal mesh
- warned of problems with the mesh
- marketed the mesh improperly
- promoted the mesh incorrectly
If the woman proved any one of these claims, she would win the lawsuit. In its order, the court trimmed down the list of negligence claims, but the ones remaining are headed for trial unless the case is settled.
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Hernia and Transvaginal Mesh Attorneys
If you are experiencing pain, discomfort or other symptoms from transvaginal mesh, you should seek medical attention but after that consult with an Atlanta hernia mesh attorney.