West Virginia’s Southern District federal court issued a new pretrial order against transvaginal mesh maker, Boston Scientific. The Dec. 11 order denied Boston Scientific’s motion for a subpoena stay enforcement. Now, Boston Scientific must produce documents to meet the Jan. 10, 2014 deadline in federal court. Additionally, the company must supply any responsive documents located after that date on Jan. 20, 2014. Currently, more than 7,800 transvaginal mesh lawsuits are pending in West Virginia. The first bellwether trial occurs March 10, 2014. A second trial in federal court should happen on July 13, 2014.
Boston Scientific Downplayed Mesh Erosion Risks
Boston Scientific’s website says surgeons must only make a small incision to insert its “Uphold Vaginal Support System.” In fact, according to Boston Scientific, transvaginal mesh reduces risk for erosion. However, thousands of women now suing the company say they’ve experienced serious mesh implant side effects, including erosion. Other complications include pain, infection, organ damage and scarring.
Mesh Erosion Reports Flood FDA
Between 2008 and 2010, women with pelvic organ prolapse reported 2,874 mesh complications to the Food and Drug Administration. In July 2011, the FDA said that women frequently reported mesh erosion injuries. Exposure, extrusion and protrusion also refer to mesh that erodes through the vaginal wall.
San Francisco-based pelvic surgeon Michael Thomas Margolis told the FDA in 2011 that a mesh implant “defies core surgical doctrines.” Moreover, vaginal mesh erosion is serious. “The implantation of contaminated synthetic mesh through the vagina defies basic surgical tenets because by definition it is not performed in a sterile manner,” Margolis an FDA advisory panel, according to WBUR. “In fact, so-called ‘mesh erosion,’ the most common mesh complication, is in reality ‘mesh infection with chronic wound breakdown.'”
Margolis said surgeons face difficulty during complicated transvaginal mesh removal surgery. “What it’s like to remove mesh from the surgeon’s perspective can perhaps be appreciated by this analogy,” he told the FDA. “Extirpation of vaginal mesh is akin to taking a hammer and chisel and trying to remove the rebar from a sidewalk while leaving the cement otherwise intact and not damaging the water mains and power lines below. It is difficult if not impossible to remove all the mesh and do it safely.”
Other Mesh Lawsuits Headed to Federal Court
In addition to Boston Scientific, other pelvic mesh manufacturers face upcoming federal court dates. These include Johnson & Johnson’s Ethicon for its Gynecare mesh device. Women with PelviSoft and PelvicLace injuries are also suing C.R. Bard in federal court. Coloplast and Caldera Medical are also facing product liability lawsuits.
What You Can Do
If you suffered complications from transvaginal mesh, you may qualify for a cash settlement. Complete a free transvaginal mesh compensation evaluation today. An experienced advocate will review your information and then contact you to discuss your compensation options.
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.