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Woman Sues Boston Scientific Over Uphold Vaginal Mesh Injuries
By Sarah Pierce
A Texas woman has filed a vaginal mesh lawsuit against Boston Scientific Corp. alleging the company's Uphold Vaginal Support System is defective and caused severe and permanent bodily injuries. She is seeking over $75,000 in damages, in addition to punitive damages, interest, court costs and vaginal mesh attorney fees. Her case joins hundreds of other vaginal mesh lawsuits filed by women seeking compensation for injuries caused by defective vaginal mesh and vaginal sling devices manufactured by Boston Scientific, American Medical Systems (AMS), Ethicon, Bard, UGYTEX and Coviden.
Plaintiff Linda Capps alleges in the Boston Scientific vaginal mesh lawsuit, filed on July 26, 2012 in the Eastern District of Texas, that she was implanted with the Uphold Vaginal Support System to treat pelvic organ prolapse. The defective device caused more harm than it prevented, however, including severe and permanent vaginal mesh injuries such as infections, incontinence, bleeding, vaginal mesh extrusion, vaginal pressure and pain, mental and physical pain, and economic losses, her vaginal mesh attorney says. Capps is accusing Boston Scientific of strict liability, defective design and manufacture, marketing defect, and failure to warn, negligence and breach of warranties in her Uphold vaginal mesh lawsuit. According to the lawsuit, the material in the product is not inert, and therefore reacts to human tissues, allowing infections to harbor.
Hundreds of vaginal mesh and bladder sling lawsuits have been filed in the last few years as more women report serious internal injuries caused by defective vaginal mesh products. Most recently, a California couple won a landmark vaginal mesh lawsuit settlement when a jury awarded them $5.5 million for the wife's permanent and ongoing injuries caused by C.R. Bard's Avaulta Mesh implant. The lead Plaintiff, Christine Scott, has had eight surgeries to correct complications caused by the defective Avaulta Mesh device, which began cutting her colon and allowed tissue to grow through the tiny holes in the mesh. Her husband was awarded $500,000 of the Avaulta vaginal mesh settlement to cover his "loss of consortium" claims that Christine's vaginal mesh injuries ruined their love life.
Stories like these, unfortunately, are not uncommon. Hundreds of women who have suffered vaginal mesh complications have filed lawsuits against the manufacturers for marketing defective devices, many of which have been consolidated into single MDL proceedings. At least five vaginal mesh MDLs have been created, and a sixth vaginal mesh MDL is being considered to handle the growing number of cases. The multi-district litigations make it easier for women, with the help of their vaginal mesh attorney, to seek compensation for their injuries because it streamlines the process for quickly and effectively reaching a lawsuit settlement or case resolution.
Plaintiffs involved in the transvaginal mesh lawsuit MDLs accuse mesh manufacturers of failing to properly test their products, marketing a failed design, and failing to warn the public about the risks associated with vaginal mesh products. Their vaginal mesh attorneys are helping them seek compensation for personal injuries, medical expenses, lost wages and/or lost earning capacity, disability, disfigurement, pain and suffering, and emotional trauma.
If you were implanted with a vaginal mesh or vaginal sling device and experienced complications like pain during sex, urinary problems, vaginal scarring, perforated organs, vaginal mesh erosion, infection, and other injuries, a vaginal mesh attorney can help you win the compensation you deserve.
Visit the Transvaginal Mesh Class Action Lawsuit Investigation page for more information about filing a vaginal mesh lawsuit, vaginal mesh class action lawsuit, or joining a vaginal mesh MDL. Submit your information for a free consultation about your legal rights. The vaginal mesh lawyers affiliated with Top Class Actions don't get paid unless your case is won or settled.
Updated July 31st, 2012
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.