AMS Transvaginal Mesh Lawsuit

Charleston, WVLast month another transvaginal mesh lawsuit was filed against American Medical Systems (AMS); one more amongst many AMS transvaginal mesh lawsuits alleging serious complications following TVM surgery.

The lawsuit (Case No. 2:13-cv-01083), which was filed on January 18th in the U.S. District Court for the Southern District of West Virginia, Charleston Division, has been added to a number of other lawsuits pending in the multidistrict litigation (MDL) entitled in Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325).

Last December, the US District Judge Joseph R. Goodwin announced that the first bellwether trials in the Transvaginal Mesh MDLs have been scheduled to start in December 2013. Defendants in the first three bellwether trials are American Medical Systems (AMS), Boston Scientific and Ethicon. (American Medical Systems is referred to as MDL 2325).

The Charleston woman claims that she suffered serious complications after AMS surgery, when she was implanted with the Elevate transvaginal mesh back in January 2011. The lawsuit alleges that she suffered substantial physical pain and suffering, emotional distress, and economic loss due to medical expenses. These damages, according to the suit, were the direct result of the AMS transvaginal mesh manufacturer’s negligent and wrongful actions. Further, the defendants, AMS, allegedly knew about the risks involved with its transvaginal mesh product but failed to warn the plaintiff.

This latest AMS transvaginal mesh lawsuit claims that the transvaginal mesh is defective because the material used is not inert, causing it to react with the tissues of the body. This reaction can lead to adverse conditions, from mesh erosion to urinary problems. Ironically, transvaginal surgical mesh is used to treat pelvic organ prolapse (POP) and Stress Urinary Incontinence (SUI). It can also cause organ damage as the device moves through the body’s tissues.

Medical expert and TVM victim Lana Keeton explains that synthetic surgical mesh does not belong in the body. “Transvaginal meshes are foreign bodies and the body tries to expel this foreign body in any way that it can," she said. "The human body cannot expel synthetic surgical mesh. Medical device manufacturers know this, yet use of synthetic surgical mesh is a fatally flawed concept which remains unchallenged.”

Fortunately, TVM attorneys are challenging TVM manufacturers. Unfortunately, some women have reported to LawyersandSettlements that their doctors cannot remove the mesh. One woman suffered through nine revision surgeries in an attempt to remove the mesh. (A jury awarded her $5 million and $500,000 to her husband for loss of consortium in July 2012.)

The FDA reported (7/13/11) that the most common and consistently reported mesh-related complications from POP surgeries using transvaginal mesh is erosion of the mesh through the vagina. Victims report severe pain and painful sexual intercourse. And in some cases, revision surgeries cannot heal.