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Oklahoma Plaintiff’s Vaginal Mesh Lawsuit Joins West Virginia MDL

Vaginal Mesh Lawsuits LadyOne of the most recent vaginal mesh lawsuits was filed in the U.S. District Court, Southern District of West Virginia (Charleston) on December 7, 2012. The plaintiff is from Oklahoma and names as defendants C.R. Bard and American Medical Systems (AMS). The short form complaints states that the defendants manufactured and distributed a Sparc sling that was defective and led to the plaintiff suffering bodily injuries and financial losses.

Negligence and design defects alleged to be proximate causes of plaintiff injuries

This case joins hundreds of others in the American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2325. All cases that have been transferred to the West Virginia MDL allege that manufacturer negligence and design defects were proximate causes in the injuries that the plaintiffs sustained. Several products utilized in the treatment of stress urinary incontinence (SUI) and pelvic organ prolapse (POP) are manufactured by AMS. This includes the Sparc sling that was implanted in the Oklahoma plaintiff on June 15, 2009.

The short form complaint filed by the plaintiff held few details as to the specific injuries suffered by the Oklahoma woman. But similarly to other women who have claimed AMS mesh products to be defective, she seeks financial damages because of lost wages, emotional distress, and past and future medical costs. In addition, her husband claims loss of consortium.

Their attorney lodges multiple counts against the defendants including unjust enrichment and gross negligence, breach of express and implied warranties, fraudulent concealment, and strict liability.

Uratape vaginal mesh implant removed from market

Marketed as a solution to assist women suffering from POP while allowing patients to avoid procedures seen as riskier and more invasive, the surgical mesh products were meant to help women it wound up being accused of harming.

Uratape was the first commercially produced vaginal mesh implant. It was coated with silicone and subsequently removed from the market because of a high incidence of extrusion the made removal of the device necessary. Other, more advanced medical slings replaced the uratape; these have been linked to their own problems.

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FDA issues safety communication due to vaginal mesh complications

A safety communication due to possible complications related to vaginal mesh products to treat POP were released by the FDA in 2008. Named in the alert were nine separate manufacturers of transvaginal mesh. This list included C.R. Bard, the manufacturers of Avaulta Biosynthetic and Avaulta Plus.

The majority of the reported complications of the devices included bowel perforation, urinary incontinence, vaginal mesh erosion, pain during sex, and chronic infection.

The FDA received over 2,800 complaints due to transvaginal mesh complications from women implanted with sling devices between 2008 and 2010. These reports led to the agency determining that transvaginal mesh implants are not any more effective than non-surgical treatments for SUI or POP.