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First transvaginal mesh trial set for defective medical device

Patients have faith in their doctors and the treatments they prescribe. Doctors, in turn, place their faith in pharmaceutical and medical device companies and the medical devices supplied by them. Companies that manufacture medical devices typically conduct extensive testing to ensure that the product is safe before it is placed on the market. After all that testing, it can be incredibly disheartening to find that medical equipment implanted to help with a medical problem can actually cause more health issues. With the number of vaginal mesh defective medical device lawsuits filed in West Virginia and across the country growing rapidly, some of the involved vaginal mesh manufacturers are rethinking their strategy for dealing with the fallout.

The first cases against Boston Scientific Group are scheduled to take place early next year. The judge in charge of the proceedings recently outlined some clear parameters for selecting the cases. Both the judge and attorneys for both sides agree that the consolidation into class action lawsuits would save time and minimize pain and suffering for victims. All the lawsuits allege roughly the same claims: nerve damage, organ damage, erosion and painful intercourse, among other serious health problems. It is estimated that claims could include as many as 60,000 women.

A defective product can inflict both physical and financial burdens on patients. It would stand to reason that reaching a settlement could save all the plaintiffs long, drawn-out trials. In addition, an out-of-court settlement would recoup monetary losses for the victims quicker, to compensate for medical bills, lost wages and pain and suffering. However, in the event that companies fail to make good-faith settlement offers, victims do have the right to pursue litigation in court.

Despite the numerous claims and the attention that this defective medical device has received, there are likely still more women who have experienced complications due to implanting the device but have yet to file a complaint or lawsuit. Consumers may wish to ask questions about their legal rights if in fact they have had such a device implanted. Women in West Virginia and across the nation have the right to seek legal recourse for damages they have experienced due to any transvaginal mesh a doctor has implanted.

Source:, Judge Sets First Boston Scientific Transvaginal Mesh Bellwether Trials, Michelle Llamas, Oct. 25, 2013

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