$2 million verdict in vaginal mesh lawsuit

Published on March 17, 2015, by Matthew Sharp


$2 million verdict in vaginal mesh lawsuit

The Avaulta insert is a transvaginal mesh that holds a woman’s internal organs in place. It is common for surgeons in Nevada to use surgical mesh in a number of procedures. However, the FDA has recently issued a warning specifically regarding transvaginal mesh.

According to the FDA report, serious complications are not rare, and these types of procedures may not be more effective than traditional methods. In addition, they may cause more risk to patients. When it is necessary to remove the mesh, it often must be taken out piecemeal in a series of surgeries. This often creates problems for patients as Reno personal injury lawyers are only too aware.

C.R. Bard Inc., the manufacturer of Avaulta, has recently been the focus of many lawsuits. According to Bloomberg, a woman in West Virginia recently received a settlement from the company. Her claim stated that the vaginal mesh implant was the source of pain and injuries that required six surgeries to correct. The company was also ordered to pay $2 million in damages in a second Avaulta lawsuit in West Virginia.

Manufacturer responsibility

According to Cornell University Law School’s Legal Information Institute, product liability is the financial responsibility a manufacturer has to consumers to ensure that unnecessary harm does not occur from the use of the product. A company may be held liable for deaths and injuries caused by a product if there is a defect in the manufacture or design, or if there are inadequate warnings about the potential dangers.

Strict liability is a sub-category of products liability that is imposed to motivate companies to invest in safety measures so that production errors are prevented. To offset costs of the extra safety protocols, companies often raise prices to ensure that customers share the expense. When products are unsafe, many Reno personal injury lawyers know that the manufacturer is responsible for the financial burden of the injury.

Proving product liability

Demonstrating proof of damages from a product is the victim’s responsibility. Before a company can be held responsible for an injury or fatality, the victim or a family member must show that the harm was directly caused by the defect. Medical records may be used as proof of damage, as well as professional opinions from experts knowledgeable about the product.

Liability laws are state specific. A victim who is injured by a defective product in Nevada must file a lawsuit within a certain amount of time, according to the state’s statute of limitations. Financial compensation may be available to individuals who suffer from a defective medical product such as a faulty vaginal insert. Reno personal injury lawyers may be able to provide advice on the best way to proceed in this type of case.