An important concern when filing a lawsuit is determining the proper TransVaginal Mesh Court selection. The answer is not always easy. Sometimes there are numerous “right” answers, in which case a plaintiff must determine the “best” answer. This is often true in product liability cases. Many have to decide whether to file in state or federal court which becomes one important consideration.
Generally, a product liability case may be filed in a state court in the particular county where the injury occurred. A product liability case may also be filed in a federal district court in the district where the injury occurred if something called diversity jurisdiction exists between the manufacturer and the injured person.
In some products cases, thousands of lawsuits are filed against a manufacturer in federal courts throughout the country for injuries caused by the same product. In such instances, the Judicial Panel on Multidistrict Litigation has the authority to consolidate the cases into a single court for all pre-trial proceedings. This is called “multidistrict litigation” (“MDL”) and is designed to promote efficiency and economy in litigated matters. Once a case that has been moved into a MDL forum for pre-trial proceedings is ready to go to trial, it must be returned to the district court in which it was filed for the trial.
While many brands of surgical mesh, vaginal mesh, and bladder slings remain on the market, a few have been voluntarily recalled or discontinued. These include the Protegen Sling and ObTape, which were discontinued by its manufacturer in 2006.
The FDA has since ordered that surgeons document any related complications, particularly as they relate to organ damage. Since 2008, the FDA has actually issued several reports talking about the risk of serious complications associated with such devices. Also the U.S. Food and Drug Administration in July 2011 further issued its second notification in three years to doctors and patients warning about the problems with surgical mesh products. It was reported that “serious complications associated with surgical mesh for TransVaginal repair of POP Pelvic Organ Prolapse are not rare”
The Federal lawsuit is set to commence early in 2014 with more than 30,000 women being represented by various legal firms. The women contend that they suffered numerous complications ranging from bleeding and pain to vaginal epithelium and even rectal problems.
The specific case mentioned in the Bloomberg article is Re Ethicon Pelvic Repair System Products Liability Litigation, 12-MD-02327, U.S.
In June 2012, four other vaginal mesh products were voluntarily discontinued, this time by the Johnson & Johnson subsidiary Ethicon: the Prolift, Prolift+ M, TVT Secur and Prosima systems. The medical device manufacturer C.R. Bard took its Avaulta mesh product off the U.S. market in July 2012.
If you received a vaginal mesh implant, a surgical mesh implant, or a bladder sling and you are suffering as a result, you might be able to recover compensation no matter what brand of mesh or sling your doctor used. To file a lawsuit for injuries you suffered as the result of a drug or medical device, that drug or medical device doesn’t have to have been recalled.
While the FDA continues to investigate, thousands of women are taking action to reclaim their quality of life. There are a number of reasons to consider speaking with an attorney right now, even if you are not experiencing any complications.