As expected, vaginal mesh lawsuits filed in federal courts have increased tremendously in the past two months in anticipation of the expiration of the statute of limitation. The number of lawsuits centralized into six multidistrict litigations (MDL) in the US District Court for the Southern District of West Virginia has in fact reached an all-time high of 36,883 lawsuits as of the first week of September. To ensure a smooth process in the filing of vaginal mesh lawsuits, Judge Goodwin issued a court order on August 29, 2013 requiring plaintiffs to name the specific product and manufacturer in their lawsuits.

 

It has come to the attention of the presiding judge that a number of complainants have submitted lawsuits in which he has termed as “shotgun complaints”. This refers to the complaints that do not mention the name of the product used in the vaginal mesh surgery as well as its manufacturer. According to Judge Goodwin, the failure to indicate the name of the manufacturer is in violation of Rule 11 of the Federal Rules of Civil Procedure.

 

Aside from violating provisions of the law, this requirement is logical since how may one claim justice without naming the alleged guilty party. It would be expecting too much to have the court or the jury identify the defendant for a certain case. It may not be entirely wrong to assume that a lawyer should know this. There is a reason why they are also called legal counsels.

 

As a case in point, all the previous cases which have been resolved by the courts complied with this requirement. In the latest case of Donna Cisson, C.R. Bard and its Bard Urological division were properly identified along with the mesh implant which is the Avaulta Plus Posterior BioSynthetic Support System. Likewise, Ethicon Inc., a division of Johnson & Johnson and manufacturer of the Gynecare Prolift Pelvic Floor Repair System was specifically named in the Linda Gross lawsuit.

 

It would indeed be a shame if a claim is dismissed due to the failure to comply with a very basic and simple requirement of the law. Any competent lawyer should be aware of this and it is within his responsibility to assist the plaintiff in getting all the relevant details. Should it become difficult for the patient to get her records from the attending physician, her lawyer may provide the assistance by exercising the legal remedies available. This situation clearly illustrates the importance of having a qualified, experienced, and sympathetic lawyer to fight for your rights.  

 

Reference:

meshmedicaldevicenewsdesk.com/latest-in-the-litigation-concerning-mesh-and-medical-devices

wvsd.uscourts.gov

The total economic loss of Linda Gross may total around $3 million, according to an expert who testified during the trial of Linda Gross against Ethicon, Inc. The complainant suffered severe injuries as a result of being implanted with the Prolift vaginal mesh in 2006 to supposedly repair her pelvic organ prolapse.

 

This amount was determined by Frank Tinari, a distinguished economist, by taking into consideration the plaintiff’s past and future earnings and life care costs which consist of multiple medications, consultations with medical specialists, and home care assistance.

 

In another testimony during the trial, Edmond Provder, a life care planner and vocational expert, asserted that Linda Gross is unable to work due to her condition and the medications she has to take. He supports this by stating that the plaintiff is in constant pain; urinates as frequently as every 15 minutes; has difficulty in standing, sitting, or walking for long periods; and spends most of the time in bed.

 

Read More: Prolift Mesh Victim Owed $3 Million, Experts Testify

Online resources, quoting medical experts, report that chronic pelvic pain in women is a common problem posing a major challenge to medical specialists because of its unclear causes, involvement of complex body organs, and poor response to treatment. This condition has become prevalent in the United States where 39 percent of women are of child-bearing age experience these symptoms -- with almost a half of them claiming to have reduced productivity at work, according to findings of a recent study. 

 

Chronic pelvic pain may be defined as a non-cyclic pain occurring below the navel which may last from six months or more as opposed to acute pain which is shorter in duration. For this type of pain, it may be severe enough that a woman’s functional ability is affected and that medical attention may be required. 

 

Most common causes of chronic pelvic pain include the following: 

 

Interstitial Cystitis (IC) 

Probably the most common cause of chronic pelvic pain among women is interstitial cystitis or IC which is responsible for over 33 percent of all reported cases. Usually affecting women in their 30s and 40s, this condition has been traced to an inflammation of the bladder due to an infection. Treatment involves using of antibiotics to relieve symptoms only since exact cause of this condition has yet to be established. 

 

The most common indication of this disorder is the need to urinate frequently which may be multiple times in just an hour. This condition may also be manifested in the form of pressure above the pubic area, pain during sex, and painful urination. 

 

Endometriosis 

Women in their thirties are mostly affected by this condition although it may be found in females between the ages of 13 and 50 and those where conceiving may be a problem. Endometriosis occurs when the endometrial tissues grow outside the uterus, usually in the ovaries, bladder, fallopian tubes, intestines, and other nearby organs. 

 

Even if endometriosis may not be a serious health problem, this may cause extreme pelvic pain particularly during certain periods of the month. Women with this condition may find it very difficult to get pregnant due to the formation of scar tissues. Treatments are aimed at relieving symptoms since no cure has yet been discovered for this ailment. 

 

Irritable Bowel Syndrome 

Although not affecting the reproductive organs, irritable bowel syndrome or IBS may still cause severe and chronic pelvic pains to a woman. The exact cause of this medical condition has not yet been known although doctors agree that IBS is associated with digestive disorders. 

 

Common symptoms may include recurring abdominal pain, bloating, cramps, diarrhea, or constipation although these may vary from person to person. There are medications available to alleviate these symptoms but not to completely cure the disorder. Other strategies to address this condition may include diet changes and stress management. 

 

Pelvic Organ Prolapse 

Women who have given birth and those in the advancing years are most commonly affected by this condition. Pelvic organ prolapse or POP occurs when a pelvic organ such as bladder and uterus descends into a lower position. While this disorder may not be considered serious, it may be very disruptive and uncomfortable. 

 

Chronic pain in the affected area, a feeling of being full in the lower belly, pressure against the vaginal wall, and dyspareunia or pain during sex are the usual symptoms of POP. Pelvic exercises, lifestyle changes, medical devices and surgeries are among the several options available in the management of this condition. This last option which may include vaginal mesh surgeries has become controversial in recent years due to alleged complications resulting from the use of these devices which have in fact led to numerous vaginal mesh lawsuits. 

 

 

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