Transvaginal Mesh Lawsuits in Dallas
Patients are entitled to safe and effective medical treatments and to have all potential risks disclosed to them before a treatment or surgical procedure begins. If your doctor promoted transvaginal mesh to you, without warning of the known side effects, you could hold him/her responsible along with the transvaginal mesh manufacturer. In the words of one assistant professor of urology, "Pelvic organ prolapse is almost never a life-threatening condition. It's a quality-of-life issue. The overwhelming majority of women do not need to have surgery. If you're not bothered by it, then don't do anything. I think many patients weren't adequately informed about that."
One woman, who had to undergo seven surgeries to repair the damage of an initial transvaginal mesh operation said that when her doctor said he could fix her pelvic organ prolapse (POP) condition he never mentioned that he would use surgical mesh. One doctor believes that, "The problem is the surgeons. This is industry-driven technology. We have a long history of accepting things without critical appraisal. What we need are better standards not just within the FDA but within the professional community."
Before performing surgical mesh operations, surgeons should warn patients of the side effects, obtain the proper training to perform the surgery, be on the lookout for initial adverse effects and provide patients with the labeling from the mesh manufacturer, if possible.
One doctor says that most women's complaints after transvaginal mesh operations that go wrong include, "…I went in for this over here, I got told this, and this was done to me and the outcome was not what I expected." When doctors fail to inform patients, this not only can result in physical injuries- but emotional ones as well.
Many women have confessed, that after failed transvaginal mesh operations, they feel violated and are now distrustful of medical professionals. In the words of one woman, "If I had only known, maybe if I was given more choices. I did what my doctor told me to do." When one doctor said that mesh erosion was "more of a nuisance than anything else," one female victim responded saying, "…these are not just problems they are life changing maimings by people who should know better."
What about manufacturers?
Some sources have alleged that when it comes to transvaginal mesh, often "doctors are as much of a victim as patients." When a manufacturer fails to provide the necessary information to doctors and patients alike, the manufacturer should exclusively be held responsible. In the words of one expert, "Doing this surgery [the transvaginal mesh operation] is more complicated than doing a heart bypass surgery, but the companies don't tell the doctors that. They don't let them know that. They say it's a simple procedure. You can do a lot of them."
Often, transvaginal mesh devices were cleared to be marketed- but not directly approved by the FDA. When it comes to manufacturer liability, as one professor of obstetrics and gynecology said, "You're putting a foreign object into the pelvis through a contaminated space, so there's a very high potential risk of infection. But there weren't any clinical trials done with these products before they hit the market."
One doctor signed a letter, along with 600 other pelvic surgeons expressing their alarms, "We have some significant disagreement with the conclusions reached [by the FDA] and concerns regarding the message that it is sending to our patients, the healthcare community, and unfortunately to the legal community as well." Manufacturers that have faced multiple transvaginal mesh lawsuits include:
- C.R. Bard
- Boston Scientific
- Island Biosurgical
- Caldera Medical
- Endo Pharmaceuticals
- The American Medical Systems
- Johnson & Johnson
- Mentor Corporation
Can you file a case against both?
One couple recently filed a transvaginal mesh lawsuit against a mesh manufacturer and a doctor. This couple was awarded $5 million after it was discovered that the patient's surgeon was almost just as culpable for the couple's suffering as was the device manufacturer. The jury assigned 40% fault to the doctor and 60% fault to the manufacturer.
There is a chance that your lawsuit could involve multiple defendants, and thus a chance for you to collect greater damages as a result. But in order for you to determine if your doctor and the transvaginal mesh manufacturer can be held responsible for the injuries you have sustained, you should contact Zinda Law Group today. Don't be a victim any longer- fight for the damages you deserve and secure the legal representation you are entitled to now from a Personal Injury Attorney!