Vaginal Mesh Lawsuit Ticks Off List of Complaints

Vaginal Mesh Lawsuit Ticks Off List of Complaints

By Jessica Tyner

Vaginal mesh implants were designed to treat a variety of problems, including pelvic organ prolapse (POP) and stress incontinence. Some women, however, have reacted negatively to transvaginal mesh, causing them to suffer serious pain and suffering. One alleged victim, Elizabeth Kristek, has decided to fight back by suing the manufacturers of her vaginal mesh implant, which she says was negligently and defectively designed. 

Kristek filed her vaginal mesh lawsuit on Oct. 21, 2013, joining hundreds of other women who allegedly suffered serious complications from transvaginal mesh implants. These complications are usually caused by vaginal mesh erosion into the surrounding tissue. Vaginal mesh can become embedded in the surrounding environment and become impossible to fully remove. Even after multiple surgeries, some women are left with pieces of the device implanted. The interior scarring can be severe and can cause infertility and the inability to enjoy sex. These conditions can be permanent.

Kristek’s lawsuit is targeted at Ethicon Inc., Ethicon LLC and Johnson & Johnson. A number of other vaginal mesh, vaginal sling and bladder sling makers also qualify for this vaginal mesh multi district litigation (MDL). They include Tissue Science Laboratories Inc., Boston Scientific Corporation, Sofradim Production SAS, Coloplast Corp., CR Bard, and Mentor Worldwide LLC as well as others.

If you think you’ve been harmed by a vaginal mesh, sling, transvaginal mesh or bladder sling, you might qualify to join a vaginal mesh MDL even if the maker isn’t explicitly mentioned. As for Kristek, she had the Prolift and TVT implanted and suffered side effects. Additional products that may qualify in the MDL she joined are the Prolift +M, TVT Abbrevo, Gynemesh, TVT Exact, Prosima, TVT-SECUR, and TVT Obturator. Again, other devices may also qualify, so it’s always best to check.

Kristik alleges in the lawsuit that the doctor who performed her transvaginal mesh procedure said the operation went smoothly.

It’s impossible to tell if and when a vaginal mesh will “go wrong.” Some women have no pain or symptoms at all when the mesh begins to embed in their tissue or organs  — some have unbearable pain. It can take time, sometimes even years, for a mesh implant to begin to embed.

If a patient is not regularly getting their device checked, this is a recipe for disaster. It requires costly testing to see just how much damage vaginal mesh has done, and some people will shy away from checking just from fear of cost. This can be especially prevalent if a person no longer has insurance, or doesn’t currently have a policy which offers the best coverage. There are a number of people who may opt to “just deal with it” when it comes to pain or who don’t get the device checked since they’re having no symptoms.

There are couples who have filed for divorce and both cite the vaginal mesh as the culprit since one partner can no longer enjoy having sex. There are also men who have joined these lawsuits, qualifying for loss of consortium — when one partner in a marriage is hurt, it impacts the entire family. Kristek is now in good company, but her vaginal mesh lawsuit doesn’t detail how this experience has changed her personal life.

A Laundry List of Counts

Like other alleged vaginal mesh victims, the list of complaints Kristek notes is long. She’s suing for negligence, manufacturing defect, failure to warn, defective product, defective design, common law fraud, fraudulent concealment, constructive fraud, negligent misrepresentation, and negligent infliction of emotional distress. She’s also added breach of warranty, violation of consumer protection laws, gross negligence, unjust enrichment, punitive damages and discovery rule and tolling to her vaginal mesh claim.

Kristek is also seeking court fees, attorney fees, interest and “other compensation” the court may deem necessary. Although she’s part of an MDL, she will still get an individual trial by jury. The purpose of joining an MDL is a win-win for everyone involved — cases are still ruled fairly, but move through the system quickly since basic facts, like the approval process of a certain device, don’t have to be showcased again and again.

If you had revision surgery to repair damage caused by vaginal mesh, or you have surgery scheduled, you may qualify for compensation.

Are you one of the many women who thought you were getting a safe device implanted, when in reality you suffered vaginal mesh complications? If you have a story to tell like Kristek’s, you might qualify for a vaginal mesh legal claim. Learn what you can do next at the Transvaginal Mesh, Vaginal Sling, Vaginal Mesh and Bladder Sling Class Action Lawsuit Investigation. You can submit your information and a vaginal mesh lawyer will reach out to you if you qualify for a free claim review.