Ford & Associates Nationwide Legal Services, A.P.C., Provides Legal Commentary on Pennsylvania's Litigation Claims Decision as Transvaginal Mesh Lawsuits Move Forward
The San Diego injury law firm provides legal commentary regarding a Pennsylvania court's decision to refuse the dismissal of claims against transvaginal mesh product manufacturer's Boston Scientific Corp. and Ethicon, Inc., as transvaginal mesh lawsuits proceed in the state.
San Diego, CA, April 16, 2015 (Newswire.com) - A Pennsylvania court heading a number of transvaginal mesh lawsuits has refused to dismiss plaintiff claims pending against Boston Scientific Corp. and Johnson & Johnson's Ethicon, Inc.; RE: Pelvic Mesh Litigation, case number 140200829. According to court documents, on April 2nd the Philadelphia Court of Common Pleas rejected said companies contention that Pennsylvania was an improper jurisdiction because plaintiffs lacked affiliation to the state. Claims will continue to be permitted by plaintiffs in Pennsylvania under this court ruling.
“The plaintiffs in case number 140200829 argued that Pennsylvania was a proper venue for legal proceedings because both vaginal mesh manufacturer companies in question—Ethicon and Boston Scientific—are registered to do business in the state. Ford & Associates finds the Court's decision to allow claims to continue is apropos in terms of both state business registration, and product liability laws that every manufacturing business must adhere to, regardless of location.
"Product liability laws hold product manufacturers responsible for developing and dispensing defective medical products; regardless of a previous FDA approval. Our firm is monitoring developments relating to transvaginal mesh litigation, and we encourage anyone associated with transvaginal mesh usage to contact our firm for further discussion."
Mateo Martinez, Ford & Associates Case Manager
Product liability laws hold product manufacturers responsible for developing and dispensing defective medical products; regardless of a previous FDA approval. Many consumers believe that when a drug gains FDA approval, it's safe for use without question. Whether a manufacturer has omitted pertinent information, or fails to include safety warnings, that manufacturer can be held liable for defective-product distribution, and as such, vaginal mesh lawsuit cases can ensue. Our firm is monitoring developments relating to this matter closely, and we encourage anyone associated with transvaginal mesh usage to contact our firm for further discussion.”
– Mateo Martinez, Ford & Associates Case Manager
Transvaginal mesh is a non-absorbable polyester or polypropylene implant designed to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women. In 1996, the FDA approved the first surgical mesh product specifically for use in SUI, and in 2002, the FDA approved the first surgical mesh product specifically for use in POP. *
In response to alleged complaints received, the FDA issued a warning in April 2014 that transvaginal meshes may cause serious injuries, such as erosion and organ perforation. If finalized, the FDA warning would reclassify transvaginal mesh for POP from a moderate-risk device (class II) to a high-risk device (class III), and require manufacturers of mesh products to submit a premarket approval application for the FDA to evaluate safety and effectiveness.** This follows the FDA Alert in July 2011, with an updated alert in 2013, which detailed FDA Public Health Notification: Serious Complications Associated with Transvaginal Placement of Surgical Mesh in Repair of Pelvic Organ Prolapse and Stress Urinary Incontinence.***
According to court documents in case number 140200829, transvaginal mesh lawsuits pending against Boston Scientific and Ethicon are among 75,000 such claims that have been filed in U.S. courts on behalf of female patients who allegedly suffered adverse health conditions due to using mesh products to treat POP and SUI. According to an order issued on April 2nd, the Philadelphia Court of Common Pleas will convene a Joint Status Conference in all of the proceedings on June 2nd. Concurrently, Ford & Associates notes that litigations underway in the Southern District of West Virginia include:
American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation - MDL No. 2325
Coloplast Corp. Pelvic Support Systems Products Liability Litigation - MDL No. 2387
Cook Medical, Inc., Pelvic Repair System Products Liability Litigation - MDL No. 2440
Neomedic Pelvic Repair System Products Liability Litigation - MDL No. 2511
*fda.gov/downloads/MedicalDevices/Safety/AlertsandNotices/UCM262760.pdf, FDA, July 2011
** fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm395192.htm, FDA, April 2014
***fda.gov/MedicalDevices/Safety/AlertsandNotices/PublicHealthNotifications/ucm061976.htm, FDA, March 2013
About Ford & Associates Nationwide Legal Services, A.P.C.
Ford & Associates Nationwide Legal Services, A.P.C., is a San Diego based injury firm that handles each case with unparalleled competence, compassion, and skill. The firm's attorneys are aggressive in their pursuit of justice, and understand that any product liability case requires legal counsel that will not rest until the most favorable outcome has been reached as allowed by law.
If you or a loved one has suffered injuries from using a transvaginal mesh product, you may be entitled to file a claim. For more information on transvaginal mesh, and answers to transvaginal mesh lawsuit questions, contact Ford & Associates today at 800-817-7777 for a free, no-obligation case review.
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