Medical technology is fantastic, when it works. When it does not, many suffer the consequences.
In the first case of hundreds, or more, to go to trial over a trans-vaginal mesh implant that went wrong, a doctor, and the company that makes these products, C.R. Bard Inc., must pay out $5.5 million. The woman plaintiff was left in constant pain and incontinent. Although the case is in California, there are many more across the nation pending litigation.
The jury was horrified by what they heard in the Scott case, about the injuries the woman had been left with after the implantation of the Avaulta Plus. They found Bard to be negligent in handling their trans-vaginal devices, designed to deal with incontinence and bulging or prolapsed pelvic organs. The company evidently did not properly test their product prior to rushing it to market. At trial, the plaintiff’s lawyer asked for up to $11 million in damages for the couple suing the doctor and medical device manufacturer.
The jury found Bard to be 60 percent at fault, and the surgeon who performed the operation in 2008, 40 percent liable. Defendant Bard was not happy with the court’s decision, and they plan on an appeal, suggesting the injuries sustained by the plaintiff Scott, were not the fault of any conduct by the company. They pointed to an approval of their product by the Food and Drug Administration (FDA) as evidence that their product was effective and safe. Interestingly, an FDA 2011 report stated trans-vaginal mesh products should be classified as high-risk, based on adverse side-effect reports they received between 2008 and 2010.
In the Scott case, the plaintiff was subjected to nine surgeries to try and deal with the medical issues the mesh implant caused. Evidence reviewed at trial showed the implant had eroded, causing chronic pelvic pain and incontinence. The case is well worth reading, as it is the tip of the iceberg for the many more cases to be litigated across the U.S. The case is: Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield).
Have you had trans-vaginal mesh implantation surgery? Are you having medical problems as a result of the device? You are not alone. Do not wait until it is too late to take action. Locate an experienced Austin personal injury lawyer and find out what your rights are.
Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.