Charleston residents likely think of an automotive recall or a toy recall when they hear of a defective product. However, it isn’t that uncommon for a defective product to actually be a defective medical device. Just like malfunctioning auto parts and faulty toy pieces, medical devices can result in serious or fatal injury.
A trial for a product liability claim has recently began in Charleston. The claim is against manufacturers of a certain pelvic mesh that was used in numerous women for treatment of urinary incontinence caused by stress. Unfortunately, according to the women who brought this suit forward, the design of the mesh is allegedly defective and reportedly leads to pain as well as permanent injury.
The plaintiffs of the lawsuit are various women who have undergone surgery to have this pelvic mesh implanted. After the surgery, one woman experienced pain when she urinated and during intercourse. Lawsuit documents show that the pelvic mesh used was heavyweight and consisted of large holes. The particular product was removed from the shelves once a newer, safer and lighter weight mesh was designed and developed.
Regardless of the fact that a safer pelvic mesh has been developed, the fact remains that women were injured and sustained damage as a result of the initial mesh that is now being deemed a defective medical device. Just like doctors, manufacturers have a certain standard of care that they must meet, and when this is not done, injuries and fatalities often occur. Cases such as these are very complex in nature. Victims would do well to learn of their rights and what they can do to ensure their rights are protected as they seek to recover monetary damages from the emotional and physical injuries sustained by a defective product.
Source: Charleston Daily Mail, Class action mesh trial underway, Andrea Lannom, Feb. 10, 2014