The implantation of transvaginal mesh has been a common solution to treat conditions like pelvic organ prolapse and stress urinary incontinence. For many of the women who have had the mesh used as a solution to their problem, the mesh did not perform as intended and the result was pain, suffering and injury. When a surgical mesh product fails, inflicting serious consequences upon the individual, the manufacturers of these medical devices can be held responsible. If you have been the victim of transvaginal mesh complications, then you may need to contact a medical device injury attorney.
Complications that arise from transvaginal mesh
Initially, it was thought that complications related to transvaginal mesh implants were uncommon, but over the last few years, it has been found that a significant percentage of patients were experiencing very serious issues in connection with this form of surgical mesh. In many cases, the mesh would fail, resulting in a recurrence of the problem that the implant was intended to correct. Additionally, problems like mesh erosion and organ perforation were also very common.
The side effects that come with transvaginal mesh complications can be very serious and the treatment can be costly and extensive. In many cases, the person will need one or more revision surgeries to address the effects of the failed implant. With the side effects, the pain and the corrective surgery, it can make for an experience that is very devastating and damaging to those affected.
The legal issues
Any claim for a defective or dangerous medical device is not your average personal injury claim. A lawsuit for a defective medical device is going to fall under product liability law and this makes it different from claims for negligence. Your attorney does not have to show that the manufacturer was in any way negligent, but they have to demonstrate that the medical device caused an injury either through a defect in the design, a defect in the manufacture or as the result of improper labeling or insufficient warnings.
In addition to product liability laws, there could also be some element of medical malpractice involved. If a doctor were to use the wrong type of surgical mesh or if they did not properly implant the mesh, it could be cause to hold them liable. Further, some liability may rest with the doctor or hospital if they recommend the mesh for a patient that is not a good candidate for the procedure or if they fail to disclose all of the foreseeable risks involved with the implantation of transvaginal mesh.
Compensation for medical device injuries
When medical devices do not perform as expected, the consequences can be significant. The claimant in a case involving a defective medical device can receive compensation for all of the pain and suffering that the device caused, any disability in connection with the injury, the cost of surgeries and treatments to correct the damage, lost wages and mental anguish. The value of these claims can vary significantly depending on a variety of factors and it usually takes the knowledge of a medical device injury lawyer to weigh all of the issues and determine the fair value of compensation.
Find a qualified attorney
Whether it is for transvaginal mesh injuries or complications with any other medical device, the claimant needs a personal injury lawyer that knows what they are doing. Your legal team needs to be well versed in product liability law and have a strong comprehension of medical device injury litigation. The manufacturers of these devices will have a very knowledgeable and well-funded defense, so you need an attorney that has the resources and the determination to stand up to a sizable challenge.