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Medical Device Lawsuits


Pennsylvania medical device lawyer draws attention to medical device lawsuits and what it means to you.Defective medical products can cost their manufacturers a lot of money. Recently, a Philadelphia jury awarded $2.5 million in damages related to use of Gynecare TVT-Secur mesh for treating incontinence. The patient experienced severe pain and had to undergo multiple surgeries to remove the device. Ethicon, the manufacturer, was fined $17.5 million in punitive damages.

For over 50 years, surgical mesh products have been used in reconstructive surgeries for a variety of conditions, such as repairing hernias. In the 1970’s, the Food and Drug Administration (FDA) was given authority to regulate medical devices. Those devices already on the market were not subject to testing. However, new products are subject to regulatory reviews by FDA.

Lawsuits for Vaginal Mesh Device Failures

Over the past ten years, serious problems have been noted involving Gynecare TVT Apprevo, Gynecare TVT-Secur, and Gynecare Prolift products made by Ethicon. These products have been, and continue to be used, as a vaginal mesh to treat pelvic organ prolapse (prolapse is when an organ slips down or forward).

The meshes have caused:

  • Difficulty urinating, incontinence, and involuntary urination
  • Infection, pain, discomfort, allergic reaction at the surgery site
  • Recurrent pelvic organ prolapse
  • Organ perforation or mesh erosion into nearby organs (bowl, bladder)

Patients with these problems have limited treatment options, and usually must undergo additional surgeries to remove the mesh and repair the damage it caused. A multidistrict litigation against Ethicon, involving over 40,000 of these cases, is being overseen by a U.S. District Judge in the Southern District of West Virginia (MDL No. 2327).

Other Products of Concern

Many composite mesh products (such as Atrium C-QUR mesh, Ethicon Physiomesh, and Composix Kugel Mesh) have been the subject of law suits for vaginal wall or hernia repairs.

Boston Scientific manufactures a number of synthetic mesh products. It currently has nearly 50,000 lawsuits filed against it in Federal and State courts, in cases relating to product failures. The company recently settled approximately 3,000 claims for approximately $119 million.

C.R. Bard manufactures Avaulta brand mesh products. It has been named as a defendant in tens of thousands of transvaginal mesh lawsuits and paid more than $200 million in settlements to date for its mesh products.

Hip Replacement Defects

DePuy (a unit of Johnson and Johnson) produces hip replacement systems. It is involved in a mass tort case for over 7,000 patients experiencing complications from its metal-on-metal Pinnacle Acetabular Cup System. The cases have been consolidated and are being overseen by a U.S. District Judge in the Northern District of Texas (MDL No. 2244). Johnson & Johnson has settled 7,500 cases for similar devices for $2.5 billion.

Patients suffering from medical device failure are entitled to seek compensation for pain and suffering, loss of consortium, medical expenses, lost wages, and lower quality of life. The statute of limitations for filing a medical device lawsuit varies among states. This can range anywhere from one to 10 years, after first becoming aware of medical device related injuries.

Contact a Pennsylvania Medical Device Lawyer at Brookman, Rosenberg, Brown & Sandler

If you have experienced complications since getting a mesh implant or other medical device, you may be entitled to compensation. Contact the Pennsylvania Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler for a free initial consultation. Call us at 215-569-4000 or complete an online form. We serve clients throughout the greater Philadelphia area.