Transvaginal mesh is an implant used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). Pelvic organ prolapse happens if pelvic organs (including the uterus and bladder) improperly shift into the vagina, due to the weakening of a woman's pelvic muscles. It was created to be a permanent fix for painful problems suffered after a hysterectomy, childbirth, or menopause. However, it is alleged that not all transvaginal mesh is reliable, and some of it is defective, leading to serious complications like the erosion of vaginal tissues, organ perforation, and infections. If you were injured by Johnson & Johnson transvaginal mesh, the experienced Johnson & Johnson transvaginal mesh attorneys at Moll Law Group are available to help you seek compensation to cover your medical expenses and other injuries. Billions of dollars have been recovered in cases in which we have been involved.
There are many manufacturers of transvaginal mesh, among them Johnson & Johnson’s subsidiary Ethicon. Ethicon was sued in more than 46,000 product liability lawsuits after Johnson & Johnson agreed to pay $5 million to settle one woman's lawsuit regarding transvaginal mesh. In another vaginal mesh case, an appellate court upheld an $11.1 million award.
The allegations in the lawsuits include claims that the transvaginal mesh caused debilitating nerve pain and many complications that required medical care and multiple operations. Johnson & Johnson transvaginal mesh lawyers have argued that responsible labeling and warnings could have prevented the injuries. Inadequate labeling and failures to warn are marketing defects, one of the recognized grounds for product liability lawsuits. In addition to marketing defects, other claims that may be alleged against a manufacturer include design and manufacturing defects.
A common defense raised by manufacturers in marketing defect cases includes the learned intermediary doctrine, and this was raised by Johnson & Johnson on appeal of a transvaginal mesh verdict. This doctrine provides that if a manufacturer provides a warning about a product to physicians and doctors, this warning is sufficient.
The theory behind this doctrine is that health care professionals are better situated than a manufacturer to assess whether a consumer is an appropriate candidate for a particular medical product, and doctors should give the consumer all appropriate warnings. If the learned intermediary doctrine applies, and a doctor fails to warn a patient appropriately of the risks or makes a mistake in evaluating whether a patient is a suitable candidate for transvaginal mesh, the consumer may have a medical malpractice claim.
If you are able to establish that marketing defects caused your injuries and complications, you may recover compensation for your injuries. For many women injured by transvaginal mesh, this compensation is the only way they can afford necessary surgeries and treatments after being harmed by the implants. Compensation may include both economic and noneconomic losses, including the medical expenses that come with additional surgeries and treatments, lost income, lost earning capacity, pain and suffering, and loss of enjoyment. In some cases, punitive damages may also be available. These are rarely awarded but may be appropriate when egregious conduct is involved.
If you suffered complications and infections due to Johnson & Johnson transvaginal mesh, the product liability attorneys at Moll Law Group are available to guide you in pursuing compensation. Our firm represents consumers around the nation, including in states such as Michigan, Texas, Illinois, Ohio, Pennsylvania, New York, Florida, and California. Call us at 312-462-1700 or complete our online form to schedule a free consultation with a Johnson & Johnson transvaginal mesh lawyer.