Thousands of women have suffered painful, life-changing complications from surgical transvaginal mesh products used to treat pelvic organ prolapse and stress urinary incontinence. Despite warnings from the US Food and Drug Administration that non-surgical treatments may be more effective for these conditions than mesh implant surgery, surgeons continue to implant mesh devices at high rates. If you have experienced complications or adverse reactions from pelvic prolapse surgery, you may be entitled to financial compensation in a lawsuit.
Verdicts in the News
Medical device manufacturers have already paid millions of dollars in verdicts and settlements to women who have suffered complications from pelvic prolapse surgery. Some recent verdicts that have been reported include:
- A jury in Bakersfield, CA, awarded $5 million to a woman who contended that the Bard Avaulta mesh implanted was defective. The jury also awarded $500,000 to the woman’s husband for damages to their love life. The woman reportedly underwent eight additional surgeries and nine other procedures to correct the damages caused by the vaginal mesh.
- A New Jersey jury awarded $3.35 million in compensatory damages and $7.8 million in punitive damages to a South Dakota woman who suffered health problems from using a Johnson & Johnson Ethicon transvaginal mesh implant.
Types of Compensation Available
Of course, money recovered in a lawsuit cannot restore health prior to surgery. However, damages awarded in a verdict or settlement can ease the financial burden of medical care and time away from work as well as provide additional funds for pain and suffering. Damages available in a product liability suit may include:
- Medical expenses, including bills from hospitals, doctors, specialists and pharmacies.
- Loss of earnings, if you missed work because of your injury, or lost the capacity to work.
- Pain and suffering, for loss of enjoyment of life because of your injury
- Loss of consortium, for loss of intimacy, emotional support, companionship, and affection.
Not all attorneys calculate damages the same way. Assessing the types of damages and calculating them correctly are essential to maximizing the value of your claim. At Estey & Bomberger, we work with skilled life care planners and other experts to ensure you receive the maximum, full and fair compensation you are entitled to receive. Because every case is different with very unique factors and circumstances, it is impossible to calculate damages without a thorough review of your situation, medical condition and future needs. In a consultation, one of our attorneys can help you understand the types of damages you may be entitled to.
Understanding Time Limits
If you or a loved one experiences complications, get in touch with a lawyer as soon as possible. If you miss your state’s filing deadline, the lawsuit may be dismissed and your right to recover compensation is lost. Every state has a limited window of time called a statute of limitations. In many states, this statute of limitations begins when the injured person “discovers” the injury, or begins to experience complications. It is never too soon to contact an attorney, but it can be too late if too much time has passed.
Protect Your Rights Today
Fill out the contact form on this website or call us today to speak with one of our female product liability attorneys. We will review your information, answer your questions, and determine your rights to file a lawsuit for your pelvic prolapse surgery. At Estey Bomberger, our consultation and review is free and confidential. We work with all of our pelvic mesh clients on a contingency fee basis, which means we are only paid if we recover money for you.