Transvaginal Mesh Litigation: Positive Start to 2017

Pittsburgh, PAIf transvaginal mesh litigation at the beginning of 2017 is anything to go by, the coming year is hopeful for mesh victims.

Last year a jury awarded Sharon Carlino $13.7 million who claimed that she had suffered irreversible damage from Ethicon (J&J subsidiary) transvaginal mesh. Ethicon challenged the outcome and filed post-trial motions and appealed the decision to the Pennsylvania Superior Court. Ethicon argued that there was a lack of evidence about past or future medical costs that Carlino could face as a result of her injuries.

Statute of Limitations
Judge Powell also dismissed arguments that Carlino’s lawsuit was over the two-year statute of limitations despite her reporting problems with the mesh in 2007. Instead, the limitations started in the spring of 2013, when Carlino first became aware of the mesh being defective—and when she filed a lawsuit. Before Carlino saw a television commercial about TVM defects, she had no idea that her problems were caused by the mesh itself.

She was implanted with the mesh in 2005 to treat urinary stress incontinence and two years later she complained to her doctor of sharp pains, which required some of the mesh to be removed. Now 2009 and still suffering pain, she had another mesh surgery. In 2012 she experienced more pain due to scarring from the TVM and the prior surgeries she had to attempt removal.

Despite multiple surgeries, Ethicon stood by its product. According to Law360 , Ethicon said the TVT sling was was not the cause of the plaintiff's continuing medical problems, saying “We have always made patient safety a top priority and will continue to do so.” The case is Sharon Carlino et al. v. Ethicon Inc. et al., case number 130603470.

More TVM Adverse Event Reports
And the FDA continues to receive transvaginal mesh adverse event reports, from doctors, hospitals and attorneys. Law Firm Newswire reported that, in addition to almost 24,000 physician reports, 25,000 attorneys and about 1,000 hospitals sent negative reports to the agency. The FDA has now received 126,349 adverse event reports.

Incredibly, it took the FDA until 2011to recognize serious complications caused by the mesh. From 2005 until 2010, the agency had received almost 4,000 reports of mesh injuries, including deaths.

Although many transvaginal mesh lawsuits have settled, it’s not too late to file. And if you think your claim is barred by the statute of limitations, it might be a good idea to seek legal help—don’t give up.