TransVaginal Mesh Defects and Product Liability Law
Should a jury file in the favor of the patients, TransVaginal Mesh makers could be found liable for the following damages:
- Lost Earnings
- Pain and Suffering
- Medical Expenses Resulting from Mesh Defects.
It is recommend for patients to consult with an attorney to learn more about their legal options and what they are entitled to.
Due to statutes of limitations restricting the time-frame for when patients may file, it is best advised to seek counsel as soon as possible.
There are three types of Product Defects that can render a product to be dangerous for consumers.
- Design Defects – A flaw within the design of the product making it inherently harmful for users. TransVaginal Mesh products were defectively designed due to reported erosions occurring after a short period of time.
- Manufacturing Defects – Defects that occur within the manufacturing process. This is when a product put on the market does not meet the manufacturer’s own intended requirements and is sold defective. In TransVaginal Mesh lawsuits, many products were found to have deviated from their intended design, causing unexpected dangers and complications.
- Defects in Warning – When a manufacturer provides inadequate warnings about the harms of its own product, resulting in the injury of a consumer as a result, the manufacturer may be found liable for failure to provide warning to the consumer. In TransVaginal Mesh lawsuits, various manufacturers were found liable for the failure to warn patients about the possibility of mesh erosion. Manufacturers have a duty to warn consumers of any unexpected dangers associated with their products.
Most states carry strict liability laws for product liability matters. In strict liability, the manufacturer is generally liable for all injuries caused by the product regardless of the manufacturer’s fault.
In the wake of these complications, many lawsuits have been consolidated into various multi-district litigation matters within the Federal court system. These lawsuits are not class action lawsuits. Upon completion of pretrial proceedings, all pending lawsuits are then transferred back to the original courts to be tried individually.