Ethicon Transvaginal Mesh Lawsuit [2024 Update]

Ethicon Transvaginal Mesh Lawsuits

The Ethicon Transvaginal Mesh Lawsuits pertain to legal actions filed against Ethicon, Inc., a subsidiary of Johnson & Johnson, by women who experienced severe complications following the implantation of their transvaginal mesh products.

These lawsuits allege that Ethicon’s mesh devices, used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI), were defectively designed and led to significant health issues.

Plaintiffs in these cases have reported complications such as chronic pain, mesh erosion, infection, and organ perforation, often requiring additional surgeries and medical interventions.

The litigation process highlighted the lack of adequate pre-market testing and failure of Ethicon to warn both patients and healthcare providers about the potential risks associated with their mesh products.

As a result of these lawsuits, Ethicon faced substantial legal scrutiny and financial settlements, driving increased awareness about the safety of medical devices.

The Ethicon Transvaginal Mesh Lawsuits form a significant part of the broader legal landscape surrounding the use of surgical mesh in gynecological procedures.

What Is the Ethicon Pelvic Mesh Implant?

Ethicon pelvic or transvaginal mesh is a surgical implant designed to treat pelvic floor conditions in women.

These conditions often involve pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

The mesh is intended to support weakened or damaged pelvic organs and tissues.

However, the use of transvaginal mesh implants has been associated with various risks and complications, leading to a multitude of lawsuits against Ethicon and other prominent manufacturers.

Most of these lawsuits are against the wrongful claims of the product, as evidence suggests that these devices cannot treat pelvic organ prolapse and other conditions.

What Are the Risks and Complications Associated With Surgical Mesh Devices?

Transvaginal mesh implants are typically inserted through the vaginal wall to reinforce and stabilize the pelvic region.

While many experts initially thought these implants would be an effective treatment option, newer studies suggest otherwise.

Transvaginal mesh has been associated with various risks and complications, such as:

• Infection: In some cases, the implantation of transvaginal mesh may lead to infection at the surgical site. Infections can cause pain and discomfort and may require antibiotic treatment or, in severe cases, mesh removal.
• Mesh Erosion: Mesh erosion, also known as exposure or extrusion, occurs when the mesh erodes through the vaginal wall or other surrounding tissues.
• Pain During Intercourse: Some women have reported experiencing pain or discomfort during sexual intercourse as a result of the mesh implant.
• Urinary Problems: Transvaginal mesh implants can sometimes lead to urinary issues, including urinary incontinence, urinary retention, or frequent urinary tract infections.
• Recurrence of the Original Condition: In many cases, the transvaginal mesh may not effectively treat the original medical condition, leading to the recurrence of pelvic organ prolapse or stress urinary incontinence.
• Mesh Contraction or Shrinkage: Mesh contraction can cause discomfort and pain, as well as a tightening or shrinking of the mesh, potentially leading to vaginal shortening or other complications.
• Bleeding: Some patients have reported experiencing bleeding as a complication of transvaginal mesh implants. This bleeding may be due to mesh erosion or other factors related to the surgical procedure.

It’s important to note that the severity and likelihood of these complications can vary from patient to patient, and not all individuals who receive transvaginal mesh implants will experience these issues.

However, the prevalence of these complications has led to widespread concern and legal action against manufacturers of transvaginal mesh products.

Patients who have experienced adverse effects from these implants should seek medical attention and legal counsel as needed.

The History of the Ethicon Surgical Mesh Implant

The history of the Ethicon transvaginal mesh is riddled with lawsuits and legal disputes.

These legal actions have had far-reaching implications for the medical product industry and the health of countless women.

Although most cases involving the brand settled, most of their publicized settlements involve millions of dollars.

In 2013, the manufacturer faced its first bellwether trial in front of a New Jersey jury, being ordered to pay $11 million for the damages its product Gynecare Prolift caused.

In 2022, the manufacturer faced another trial in Kentucky for violating the Kentucky Consumer Protection Act.

The trial ended with the manufacturer paying $10 million for failing to disclose the risks of implanting the medical device.

In 2023, the manufacturer faced another trial with the state of California, where it paid $302 million.

The company challenged the decision, which the U.S. Supreme Court denied.

The Involvement and Responsibility of Johnson & Johnson

As the parent company of Ethicon, Johnson & Johnson bears a significant level of responsibility for the issues related to transvaginal mesh.

Johnson & Johnson established Ethicon to expand its product line in the medical industry.

Ethicon’s primary products are surgical systems and instruments.

This instance is not the first lawsuit filed against the manufacturer’s products.

In 2016, Ethicon faced a huge lawsuit for its ventral hernia repair device.

Vaginal Mesh Lawsuits Involving Other Manufacturers

While Ethicon’s products take center stage in this discussion, it’s essential to acknowledge that it is not the sole manufacturer facing lawsuits over transvaginal mesh products.

There are other brands and types of vaginal mesh that have also been linked to severe injuries and complications, such as the following:

• Advantage Fit, Obtryx Slings, Pinnacle Pelvic Floor Repair Kit, and Uphold Vaginal Support System (Boston Scientific)
• Avaulta Solo and Plus, Align Urethral Support System, Pelvilace Support Systems, Uretex Urethral Support Systems (C.R. Bard)
• Aris Transobturator Sling, Minitape, Novasilk Sling, Omnisure, and Restorelle Y-Mesh and Flat Mesh (Coloplast)
• Surgisis Biodesign Urethral Sling (Cook Medical)
• Bio Arc Slings, IntePro, InteXen, MiniArc Slings, Monarc Slings, Perigee, and RetroArc Retropubic Sling System (Endo Pharmaceuticals and American Medical Systems)
• MIPS, Uplift, Surelift (Neomedic)

Pelvic Mesh Lawsuit Update

The United States Judicial Panel on Multidistrict Litigation (JPML) consolidated all the related cases and transferred them to the Southern District of West Virginia.

The last of the seven original consolidated MDLs in the District of West Virginia were closed by Judge Goodwin in November 2022.

As of today, over 95% of the original lawsuits and consolidated MDLs have been settled or closed.

At one time, Judge Joseph Goodwin spearheaded an MDL of 100,000 lawsuits.

Despite the closure of these legal movements, victims are still welcome to file individual lawsuits as long as they are qualified.

Another notable legal action involving this case occurred in 2019 when the Food and Drug Administration (FDA) imposed a recall and an effective ban on the production and distribution of these medical devices.

A Guide to Filing Transvaginal Mesh Implant Lawsuits

For victims of defective transvaginal mesh, seeking legal guidance is of extreme importance.

We will delve into the legal nuances of these cases since many major litigations are now closed to new claimants.

Is There an Ongoing MDL or Class Action for Defective Transvaginal Mesh Implants?

As mentioned, all of the original seven consolidated MDLs nationwide are now closed.

With over 95% of the originally filed cases settled or closed, new claimants can only file lawsuits individually.

Currently, there’s no certainty that a new MDL or class action will form in the foreseeable future.

How Do You Qualify for a Vaginal Mesh Lawsuit?

To help potential claimants understand their eligibility, here are some of the most common criteria for qualifying in a vaginal mesh lawsuit:

• You must have had a transvaginal mesh implant.
• You are suffering from severe conditions post-implantation or are being treated for a condition the device causes.
• Your condition is negatively affecting your quality of life.
• Your implant was made by one of the numerous manufacturers named in past lawsuits, MDLs, or class actions.
• You have medical documentation and proof to support all health concerns associated with mesh implantation.

What Are the Pieces of Evidence You Need for Your Case?

Strengthening your lawsuit requires gathering and presenting essential evidence to support your claims.

Here is a list of crucial evidence that can boost your case:

• Medical Records: Your medical records are a foundational piece of evidence. They should include documentation of your initial diagnosis, the recommendation for transvaginal mesh implantation, surgical notes, postoperative care, and records of any complications or adverse events.
• Implant Details: Provide information about the transvaginal mesh implant type, brand, and model used in your procedure. This information can help establish the specific product associated with your case.
• Pathology Reports: If any revision surgery or mesh removal was performed, pathology reports can document the condition of the mesh and its impact on surrounding tissues.
• Photographs and Imaging: Include pre- and postoperative images, such as X-rays, MRIs, or pictures of the mesh, its placement, and any complications. Visual evidence can be compelling in illustrating the extent of the problem.
• Expert Witness: Consult with medical experts who can offer professional opinions on your case. These experts can explain how the mesh implant contributed to your complications and can provide testimony to support your claims.

What Are the Potential Damages You Can Claim in Your Case?

Victims of vaginal mesh complications who pursue legal action may be eligible to recover various types of compensation, depending on the specific circumstances of their case.

Potential compensation can include:

• Medical Expenses: Victims may be entitled to compensation for all medical costs associated with the mesh complications, including the initial implantation surgery, revision surgeries, hospital stays, doctor visits, medications, and any necessary medical devices or treatments.
• Pain and Suffering: Compensation can be awarded for physical pain, emotional distress, and diminished quality of life the mesh complications have caused. This type of compensation seeks to address the non-economic suffering the victim has endured.
• Loss of Consortium: In cases where mesh complications have had a severe impact on intimate relationships, the spouse or partner of the victim may be eligible to seek compensation for the loss of consortium, which covers the loss of companionship, support, and the ability to engage in a normal marital or domestic relationship.
• Lost Wages and Future Earnings: Victims who have been unable to work or have reduced earning capacity due to mesh complications may be entitled to compensation for lost wages and potential future earnings they would have earned had the complications not occurred.
• Punitive Damages: In some cases, courts may award punitive damages to punish the manufacturer or other responsible parties for gross negligence, intentional misconduct, or other egregious behavior. Punitive damages are intended to deter similar conduct in the future.

It’s important to note that the specific compensation available to a victim in a transvaginal mesh lawsuit can vary widely based on individual circumstances.

Your attorney can better estimate the damages you can recover based on your circumstances.

The Importance of Hiring a Transvaginal Mesh Lawyer

Hiring the right lawyer is crucial when pursuing a vaginal mesh lawsuit, as the outcome of your case can significantly depend on their expertise, experience, and dedication.

Here are the key reasons why hiring the right lawyer is essential:

• Legal Expertise: Vaginal mesh litigation is a complex area of law involving medical and product liability issues. An experienced attorney will deeply understand the legal nuances specific to these cases, ensuring that your legal rights are protected.
• Topical Knowledge: Given the medical nature of vaginal mesh complications, it’s vital to have a lawyer who comprehends the medical aspects of your case. They can work effectively with medical experts, understand your medical records, and build a strong case.
• Resource Access: A reputable law firm will have the resources and connections to gather necessary evidence, consult with expert witnesses, and build a compelling case on your behalf.
• Experience Handling Similar Cases: An attorney with a track record of success in vaginal mesh cases is better equipped to navigate the legal process, having dealt with similar issues and understanding the tactics employed by manufacturers’ legal teams.
• Individualized Approach: A good lawyer will tailor their approach to your specific case, considering your unique circumstances, complications, and the impact on your life. They will work to achieve the best possible outcome for you.

TorHoerman Law: Your Transvaginal Mesh Lawyer

Dealing with the alarming and life-threatening consequences of defective vaginal mesh implants is not easy.

It not only affects your body but also can cause deep emotional scars and drain your finances.

Seeking legal recourse for your injuries is the best way to find financial security during your recovery, and we’re here to help.

We understand the legal system’s intricacies and can use that to help you get the justice you deserve.

If you or a loved one have suffered from transvaginal mesh complications, you may be eligible to file a lawsuit.

Contact us now to speak with our experts.

You can also use our chatbot on this page to see if your situation qualifies for a lawsuit.