There is good news for women who have suffered serious health problems as a result of side effects from failed transvaginal mesh implants. Court records show that there have been significant positive rulings in the massive litigation that has been filed in both state and federal courts against manufacturers of these medical devices.
The mesh lawsuits grew out of repeated failures of devices produced by dozens of companies. Tens of thousands of women have had transvaginal mesh implants in operations undergone to treat conditions known as pelvic organ prolapse and urinary incontinence.
Among the allegations are that the devices were poorly designed, inadequately tested and approved for consumers through government reviews that allowed the manufacturers to sidestep a review process that other drugs and medical devices are required to undergo with the U.S. Food and Drug Administration. Read more on the Transvaginal Mesh Implant Lawsuits
Many of these lawsuits have been consolidated before a New Jersey judge who is overseeing pre-trial evidence-gathering. A key part of this evidence-gathering involves allowing lawyers for transvaginal mesh victims to question company executives and have access to confidential internal memos and other data involving the products.
Plaintiffs lawyers say this process will allow them to determine what company executives knew about possible defects in design and reviews of the transvaginal mesh products in question. Among them are products manufactured by Johnson & Johnson, C.R. Bard, Boston Scientific and Ethicon.
So far the cases are going forward with ongoing depositions involving Alex Gorsky, chief executive officer of Johnson & Johnson; Sheri McCoy, former vice chairman of Johnson & Johnson, and Gary Pruden, company group chairman and worldwide franchise chairman for Ethicon.
The statements made by these and other executives who will be questioned will be used by the plaintiff’s attorneys in trials in which transvaginal mesh victims seek to collect compensation for the pain, suffering and medical costs they have incurred as a result of failed devices.
“These depositions should shed new light on the circumstances surrounding the continued marketing of these pelvic mesh products,” said one of the women’s lawyers.
A court order also has been issued in the litigation ordering Ethicon to provide data that it has accumulated in researching safety data about its transvaginal mesh products and the correspondence that it has exchanged with the FDA about the problems.
Plaintiffs lawyers say this information will provide insight into the knowledge that Ethicon and other manufacturers had about how safe the products were and what dangers they posed to women.
Among the claims filed by transvaginal mesh victims are that the implants left they worse off than before the operation because of erosion, bleeding, pain during sexual intercourse and recurrences of incontinence and prolapse.