Saturday, May 26, 2012

Transvaginal Mesh: Do I Have a Case?

Factors in a Transvaginal Mesh Case

The FDA delivered a warning notice in 2011 to physicians and patients regarding transvaginal mesh complications. Over 2900 injuries were reported as a direct result of mesh implants between 2008 and 2010. The adverse reports covered mesh implants which were manufactured by nine different corporations. The complications ranged in severity, however many of them led to the necessity of pelvic mesh removal, requiring a second and sometimes a third surgery. While risk factors include the overall health of the patient at the time of the mesh implant, they also encompass the size and shape of the pelvic mesh, the material the mesh is made of, the surgical skill and procedure implemented, and the estrogen levels of the recipient.

The most common negative symptom associated with transvaginal mesh implants is erosion—a very grave and painful complication in which the mesh literally works its way into surrounding tissue and organs. Other ill effects include recurring pelvic infections, chronic pain and a recurrence of the pelvic organ prolapse or stress urinary incontinence the mesh was meant to fix. One clinical trial was halted in 2009 when over 15% of the women involved suffered erosion from the mesh in the vaginal wall within less than three months following the surgery. Mesh contraction is a previously unidentified risk in women who have undergone mesh implant surgery. Mesh contraction can lead to vaginal shortening or tightening and severe pelvic pain as well as pain upon sexual intercourse.

In some cases men have reported irritation and pain during sexual intercourse due to exposed mesh. The FDA now cautions health care providers to obtain specialized training for each mesh placement technique and to be aware of the potential risks of vaginal mesh. Physicians must also speak to their patients about the necessity of being vigilant for negative reactions from the mesh, most particularly erosion and infection. Patients should be made aware of the possibility of serious complications and a potential negative effect on the quality of life prior to agreeing to vaginal mesh implants. There are many factors which will determine whether a woman has a case against the mesh manufacturer therefore it is important that legal counsel be sought.

Strong Cases vs. Weaker Cases: What are the Elements of a Good Case?

Women who have suffered severe injury following a transvaginal mesh implant may be able to seek compensation for their injuries. Many women are unaware of the exact type of mesh implant they received and whether it is one made from polypropylene which was said to be an inert substance once implanted in the body, yet later found out to be harmful. The merits of your case will be based upon a variety of factors including when you received your mesh implant, how soon afterward you began suffering side effects, whether or not the potential risks of the mesh implant were fully explained to you prior to your surgery, the technique used by the surgeon and whether or not you fully complied with all doctor’s orders following your surgery.

If you can obtain specific information from your physician regarding your mesh implant it will help a qualified attorney determine the strength of your case. You will need to find out the manufacturer of your specific mesh implant, the brand name, catalog number, lot number, size of mesh implanted and the date of the implant. If you had to have the mesh removed, you will need the date of that surgery as well. Careful notes regarding every adverse event experienced as a result of the mesh implant as well as any interventions—surgical or otherwise—are extremely important to the strength of your potential case. Your surgeon can tell you which surgical approach was used as well as the medical reasons for the mesh implant. If you are well within the statute of limitations and can clearly show you were not told of the potential risks and that you suffered specific adverse effects from the mesh implant, you may have a very good case.

Strong Cases vs. Weaker Cases: What are the Elements of a Bad Case?

On the flip side, even though you may have suffered adverse health effects following your transvaginal mesh implant, your potential for obtaining compensation may be less solid based on several factors you may have had more control over. For instance, if your doctor told you not to return to work for at least three weeks following your transvaginal mesh implant surgery and not to lift anything heavy during that time yet you disregarded those instructions, your case may be weaker than that of another woman who fully complied with doctor’s orders.

Because excess weight is a known factor in successful recovery from transvaginal mesh surgery, your physician may have instructed you to lose weight both before your surgery and after. If you ignored those instructions and possibly even gained weight, once again, your case may be weakened. The same goes for smoking—smoking leads to coughing and chronic coughing can cause the mesh to loosen from its position, shifting into surrounding tissues and organs. Women who continued to smoke following their transvaginal mesh implant surgery may not have as strong a case as those who quit upon their doctor’s orders.

Why Speaking to an Attorney Can Be Beneficial

Women who have suffered negative health effects as a direct result of a transvaginal mesh implant might want to speak with an attorney who is knowledgeable about the history of transvaginal mesh implants as well as the status of current litigation. There are many factors involved in a mesh lawsuit, one of which involves the statute of limitations. Depending on which state you reside in this statute can vary significantly. In some states the statute begins when the implant was received, while in others it begins when adverse reactions from the implant first occurred. Still others will use the dates of FDA warnings in conjunction with time of adverse reactions to start the clock running. In any case, you do not want to forfeit your right to seek compensation, so learn all you can about mesh implants, keep meticulous notes about your health, and when necessary seek legal advice.

Author: Sullo & Sullo Attorneys

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