First vaginal mesh lawsuit considered to be a bellwether case

The first of hundreds of defective vaginal mesh lawsuits has started in New Jersey. Plaintiffs and attorneys alike are watching it closely.

First trials, particularly when they involve class action lawsuits, are always watched closely. They are the bellwethers of things to come for other jurisdictions. While a decision in one case may result in a similar decision in another state, precedents are considered to be particularly compelling when a similar case is tried elsewhere, based on the same information.

The New Jersey lawsuit involves a 47-year-old former nurse and recipient of a vaginal mesh sling. Since the implantation, she has required 18 further surgeries and lives with non-stop pain every day. Her life has been turned inside out, she cannot work and her days are a living hell on earth. Her lawsuit seeks compensation for pain and suffering based on the fact that the mesh implant was defective and what warnings there were on the market were not adequate given the high risks of this device.

In New Jersey, close to 1,800 cases have been filed. The first one will give trial lawyers an idea of how the rest of them may go. If the first case is a success, there is the possibility that no further trials will follow. The mesh maker may choose to settle out of court for the remainder of the suits, or they may choose to battle to the bitter end. Often, if they wish to save face and money, a defendant will settle out of court, rather than risk the possibility of much higher jury awards, and with the 1,800 cases in New Jersey alone, plus others across the nation, the company could be facing a huge payout.

This particular surgery is promoted as an effective treatment for pelvic organ prolapse and stress urinary incontinence. The mesh implants were touted as a wonderful solution for these issues. While the concept was likely a good one, the execution of the concept turned out to be the stuff nightmares are made of. Thousands of women have experienced mesh erosion, punctured organs, infections and unrelenting pain. The fact is the body just does not like mesh inside, due to its chemical makeup, and tries to get rid of it. The results are never-ending complications that, in some instances, may be life-altering.

 If you have had a transvaginal mesh implantation, and your story is not a happy one, reach out and call an experienced Austin injury lawyer. This treatment turned out to be worse than the condition that prompted the sling’s creation. In fact, the Food and Drug Administration says they have received over 1,000 reports of adverse reactions to the sling, which is interesting, since the warning that goes with the sling says complications are rare. Looks like reality took a bite out of that supposition.

If you are living in pain, facing more surgeries, are off work and worse now than before your operation, an Austin injury lawyer will speak for you in court to obtain compensation. Don’t wait until the statute of limitations has run out. Act now.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

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