San Antonio Transvaginal Mesh Lawyer : San Antonio Pelvic Sling Injury //–>Call Our San Antonio Texas Attorneys if You’ve Suffered Serious Injury Due to a Transvaginal Sling or Pelvic Mesh Implant
There is a San Antonio transvaginal mesh injury claim for those that have suffered injuries from this implant. The pelvic mesh implant litigation is considered a mass tort because it will have numerous claimants from San Antonio and across the country.
Explained later in greater detail, this case will be considered a mass tort and although it may be a large lawsuit, we don’t want you to worry about being lost in the numbers because at ———————-, individualized attention and compensation will be given to each claimant. We are your San Antonio personal injury attorneys, and we are here to guide you through your transvaginal sling lawsuit.
Stress Urinary Incontinence or Pelvic Organ Prolapse are the conditions that are typically present in a recipient of the pelvic mesh implant. Women across the country have opted for this implant as a result of a recommendation from their doctor. It is our hope that bringing you this article will keep you informed on the implant and the upcoming San Antonio area litigation surrounding it. It has been discovered that the implant may be causing some severe complications in its recipients. It is now being re-evaluated for its safety. If you or a loved one is a recipient of the pelvic mesh and you are having any complications from your implant, it would be in your best interest to contact a San Antonio transvaginal mesh lawyer as soon as possible.
In the following article, the San Antonio TVM attorneys of ———————- will inform you of what the complications of the transvaginal sling have been for some of the recipients along with the type of lawsuit that is now pending, and explanations on the legal process and complexities of such a case. Although we are pleased to cover this topic for the residents of San Antonio to keep you updated, we want you to understand that it should not take the place of a consultation with an experienced San Antonio products liability attorney that can speak with you regarding the specifics of your injuries.Transvaginal Mesh, Transvaginal Sling, or Pelvic Mesh
Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP) are both conditions that can interrupt ones quality of life. Some patients that suffer from these conditions have had a transvaginal mesh implanted to provide extra support for the weakened muscles in the pelvic area. The implant is typically used in patients after surgery to help in their treatment of SUI or POP. Made from synthetic materials, a TVM (transvaginal mesh implant) is a surgical mesh that can be implanted through the abdomen or vagina of SUI or POP sufferers in the hopes of allowing them to lead a more normal life. Both of these conditions can be troublesome and sometimes severely painful.
Basically the only difference between the two conditions is the affected muscle tissue. The FDA approved the transvaginal mesh in 2002 for the treatment of Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). There are four prominent manufacturers of the mesh implants. These four manufacturers are Johnson & Johnson (Gynecare), Bard, Boston Scientific and American Medical Systems (AMS). Since the FDA approval, there have been an estimated 75,000 Pelvic Organ Prolapse patients that had the surgery performed in which the transvaginal sling was implanted. There are also approximately 200,000 that had a similar procedure for treatment of Stress Urinary Incontinence.
Stress Urinary Incontinence is developed due to a lack of strength in the muscles of the pelvic floor. It can lessen the quality of life for its sufferers as it will hinder their ability to move or act due to urine leakage. Pelvic Organ Prolapse can also lessen quality of life and be extremely painful to women due to the weakening of the muscles around the pelvis, which may allow the bladder or uterus to drop into the vagina. The Complications
If you If you have not already done so, you may need to seek medical attention if you are experiencing and discomfort and are a recipient of the transvaginal sling implant. You also need to contact an experienced San Antonio transvaginal sling attorney as soon as possible to discuss your options. Although the complications from this device range from being minor to extremely painful, the risk of greater injury is increased and no symptoms should be overlooked.
These complications or symptoms may include but are not limited to:
Pain and discomfort, particularly during sex, also known as dyspareunia.
Erosion of the device through the wall of the vagina (also known as protrusion, extrusion or exposure).
Bleeding and infection.
Blood vessel, bladder and bowel perforation.
Vaginal tightening and shortening.
An FDA study on the implant revealed that more than half the women who suffered erosion of their pelvic mesh implant had to endure surgical removal of the device, some patients even ended up having more than one surgery to accomplish the removal of their implant. The risk of prolapsing is increased if erosion of the device occurs in a patient as it more than likely means that the implant was unsuccessful and the pelvic organs have probably dropped again, which can severely add to the discomfort of the patient.Pursuing Legal Action in Your San Antonio TVM Claim
To some San Antonio residents, the thought of taking legal action against a manufacturer can be a little frightening, because you don’t know what to expect or how a case works. That’s where the San Antonio transvaginal mesh attorneys of ———————- come in to help you through the complexities of such and case and answer your questions. If you were injured by a faulty product due to the neglect of another, you shouldn’t have to face the monetary problems associated with your injury alone. The negligent party should help you with your losses, and taking that first step is the most difficult but at the same time the most important step that you can take. If you are a recipient of a transvaginal sling, and have experienced any complications from your implant, this first step is to contact a qualified San Antonio pelvic mesh attorney immediately for a consultation regarding your situation. If you have any doubt of your current condition and whether you would qualify to be a claimant in this case, you need only ask yourself if you have suffered any complications since you received your implant. If you have, then chances are that you are due compensation for these injuries.
It will be up to your attorney to handle your case efficiently in order to get you the compensation you deserve for your injuries. You need to make certain that the Texas transvaginal mesh attorney you choose to represent you in this action is experienced in mass tort litigation and aware of all its complexities. This type of case will fall under multi-district litigation, which changes some of the parameters of the case, and you need to be able to trust that your attorney can handle these differences. Some of the complexities will include but are not limited to the many different states involved, their statutes, and the differences in the court systems.
Please note: You need to be aware that some personal injury law firms will group their own clients together as a whole in order to speed up the process in this type of claim. This will not benefit you for the type of injuries you have suffered. Your case must be treated on an individual level in order to receive the compensation you deserve. ———————- has over 22 years of experience in handling successful personal injury claims, and we pride ourselves on giving each of our clients the individual attention they deserve in order for them to receive the compensation they are due.Contact ———————- today at 1-855-392-0000!Reasons Behind Personal Injury Cases
Personal injury ads are all over the place, on television, on radio, and even on billboards. You may have heard stories regarding personal injury claims, and certainly not all of them were good. They seem to be everywhere, and some people are even tired of hearing about them and think that they are a waste of time and another frivolous lawsuit. But what they don’t know or understand is that if there is a personal injury lawsuit that has been filed against a manufacturer, then two things have happened:
First, the manufacturer distributed a faulty product, intentional or not, and
Second, people have been injured from this product, and sometimes these injuries are catastrophic.
Essentially, there are two different types of personal injury cases that develop in this instance that involve numerous clients. We will explain these two in more detail in the next few sections of this article.
The consumers that used a product have suffered in these cases and sometimes their injuries can be life altering serious conditions that have been caused from the neglect of another. Personal injury cases are basically built on, and exist solely because of that – the negligence of another, but causing these types of injuries to another should not be disregarded. Legal action can help get these victims the relief they are desperately in need of and give them a voice to make sure that others do not suffer the same injury. This negligence may be on the part of a doctor, manufacturer or anyone in between. It is not a word to be thrown around lightly, and patients that have been on the receiving end of a doctor’s or manufacturer’s negligence are suffering unjustly. In any personal injury case, you must provide the courts proof that there was negligence on the defendant’s part that caused the injuries to the plaintiffs. It is not enough to take a party to court on speculation and accusations alone. These lawsuits are not just another case that goes before a court, they have to be reviewed and approved and there has to be some merit in the case.
It is the sole responsibility of a product manufacturer to research and test each product before releasing it to the public for use. They must ensure the safety of their product. Consumers of any product that is on the market expect the product to be safe for the intended use or consumption and not cause them any undue harm. This holds true for any product on the market, but especially those products that we personally use for our health and well being. It should not be expected that an appliance in your home blow up while in use any more than an implant that you relied on for your health erode and cause you more pain and suffering. When a defendant breaches their duty of care to its consumers, a cause of action is developed and negligence may be found.
The amount of money that a manufacturer can make on one product is astounding. It can literally be billions of dollars. So it is a possibility that a manufacturer knowingly distributed a product that would cause the public harm, and unfortunately did so in the name of profits for the company. The victims that were injured from the use of this product would probably not get much comfort in the fact that they were injured strictly due to the greed of the manufacturer.
These cases are not to be taken lightly, and they would not exist if there were just random cases here and there of injuries involving a product, or when consumers misuse a product and are injured, as there is no negligence on the part of a manufacturer because the item was not used as intended. But when hundreds or thousands of consumers are victimized and injured from the same product, they can typically assume that there were inadequacies in the part of the research and testing of the manufacturer. This is where negligence comes in, and ———————- can help these victims.Explaining Class Actions Lawsuits
Class action lawsuits can work great when it is the right type of case. These lawsuits are by far the most popular type of lawsuit filed when there are numerous claimants going after one party. You hear about these all over the radio and television. However, they lack an individuality context to them as the parties are all grouped together as one.
So that you have a thorough understanding of how a class action works, an example would be the 2008 class action against Ford. The suit was filed due to the depreciation the automobile owners were seeing in their vehicles because of the rollover incidences. The customers had tried to sell their SUVs in fear of them rolling over, only to find out that the value of their vehicle had gone down by at least $1,000. The depreciation of their vehicles prevented many of the automobile owners from being able to sell their SUVs, or even trade them in without being upside down. At the end of the class action, or the settlement stage, the vehicle owners were offered a $500 coupon only to use on a new SUV, which is what they wanted to get rid of. However, the attorneys in the case were awarded $25 million for costs and fees. Understandably, the Ford owners were outraged and had no designs on using the coupon to get into another Ford SUV. Ford settled the case, but really came out a winner as all they lost was the attorney’s fees in that case. If each of the claimants used their coupon, Ford still would not have felt the effects of them, as it was just a paper offering. There were no injuries in this case, as it was the class action and not the injury lawsuits that were and still are pending.
Claimants involved in a class action usually receive very little if any money although the idea in the mainstream is that people get rich off of class action suits. In most cases they may receive a coupon for the product or a voucher for a percentage off their next purchase, as in the Ford rollover class action. If they do actually receive a cash settlement, it is usually for a very small amount, as in the Kellogg’s class action that awarded the claimants $5. In a case such as the San Antonio transvaginal mesh injury claim, persons have suffered injuries and most are still suffering damages from the defective product. A class action lawsuit in this case would not be beneficial to those that have suffered the effects of the transvaginal sling.Explaining Mass Tort Litigation
You must have a more individualized approach to the cases when it involves injury, especially those of a serious nature. The plaintiffs need to receive compensation commensurate with their injuries; otherwise it would not be beneficial to them. A mass tort can accomplish these goals, as it takes the injuries and suffering of all parties into consideration and does not group them together as one. When injuries have occurred, especially serious injuries, it is a more fair approach. The definition of a tort is a wrongful act, other than a breach of contract to which a party can file a claim for relief. In other words, it is when one party causes damage to another. A mass tort is when one party causes damages to many. The optimum word in that definition is damages, or injuries.
When a claim is originally filed and numerous clients have sustained injuries, the case is given to a panel of federal judges. These judges comprise the US Judicial Panel on multi-district litigation. They must make sure that the claim meets the standards set forth to establish a mass tort. Once these standards are established, one judge is selected to oversee the consolidated discovery of all the claims. The beginning of a mass tort is the only time all parties are considered one party or entity, and it is only through the consolidated discovery phase.
During this phase of the claim, a group of attorneys will be selected and appointed to collect all the evidence as this is considered a “consolidated discovery” of all the claims. During the consolidated discovery phase, any and all evidence that is found will be brought forth and used in each claim from this point forward. Once the discovery phase is complete, all the cases will be referred to the lower courts from this point forward so that they can be heard on an individual level. It is at this point that the first cases are actually heard and these are known as the bellwether cases. They are crucial to the remaining cases, and we will explain why in the next few sections. The attorney’s for both sides will submit cases that they wish to be considered bellwether cases, and of course both sides will select the cases that benefit them the most. . In the past, the majority of bellwether cases were selected from the plaintiff’s submissions, but now it is more of a fifty-fifty selection. The judge will determine which of these cases will be bellwether cases, and the trials will begin. **Please Note: It is imperative that the San Antonio transvaginal sling victims receive excellent representation to pursue their TVM case at this time. There are many states involved and each state has its own laws concerning the types of damages that can be pursued along with their own statutes of limitations regarding these types of claims. San Antonio pelvic mesh victims can feel secure about contacting ———————- today for a free and confidential consultation due to our 22 years of experience in handling successful personal injury cases.**The Differences Between the Two Types of Claims
You know that the class actions and mass torts are similar in that they are usually both made of numerous plaintiffs fighting together for one cause. In order for you to understand why a mass tort will work better for your claim, we will point out the main differences between the two. It makes no difference what size injuries were brought about, the case will work the same way if it is something small or even a catastrophic injury claim.
The differences between the two are quite noticeable. First, in a class action, all the claimants are grouped together and treated as one party, as if they were one client. A mass tort may have a consolidated discovery phase, but each clients suffering is paid attention to and accounted for on an individual basis. Second, when the case comes to a close and a settlement is reached, all parties of a class action split the monetary settlement equally, and there is no consideration for the amount of injuries to each client. In a mass tort, each claimant is awarded compensation due for their own level of injury. Third, class actions usually have one attorney that handles all of the cases, and they will also treat the group as one. In a mass tort, each individual client can and will have their own attorney, and they will need a qualified transvaginal mesh attorney in San Antonio Texas to represent them in court, as each case is heard on its own merit. These three reasons are the most significant differences between the two, and in viewing these, it is very apparent as to why a mass tort is better suited for the San Antonio TVM claims, and those across the country.The Bellwether Cases
To begin the claim, after the consolidated discovery has been completed, the bellwether cases will commence. Bellwether cases is the term used for the first few cases of a multi-district mass tort, as we stated earlier. The bellwether cases are of the utmost importance to the remainder of the claim and a defendant will be very well aware of the opportunity given to them during this time. They will normally spend large sums of money for expert witnesses or anything they deem fit to win these cases. The bellwether cases will set precedence for the rest of the claim, so both parties will want to be successful in winning as many of these as possible.
The bellwether cases are significant because they basically set a momentum for all the following claims. Depending on which side is victorious in the majority of the cases, it is normal for them to feel a sense of power and of course, they will use it to their ability. If a defendant is successful in winning these cases, they will try to discount the rest of the claim by either having the cases delayed, or dismissed altogether. When the plaintiffs have been triumphant in winning the bellwether cases, then the defendant will be more willing to settle the remaining cases. When the plaintiffs are successful winning the bellwether cases, the remainder of the entire claim can move rather quickly. You will want to have an experienced San Antonio transvaginal mesh law firm handling your claim that can stay on top of the bellwether cases and react accordingly to achieve the compensation for you that you deserve.Multi-District Litigation
Due to so many claims being filed across the country and in varying jurisdictions, the TVM case will fall under multi-district litigation, and as such the actual limit to filing a claim will be set by the federal courts since it is a multi-district litigation. You do not want to delay in pursuing your San Antonio claim as it is unknown at this time how long the federal courts will grant for filings. It is imperative for San Antonio transvaginal mesh claimants to acquire a San Antonio products liability attorney that can keep up with all the complexities of this case, and keep them informed as well. Texas Statute of Limitations
A statute of limitations is a time limit given by the state on how long a person has to bring a cause of action against someone. Every state has its own government and court systems, and in these different systems, the way a case is pursued may vary. The variations may be simple or they may be more complex such as the limitations set forth on what type of claims can be filed, and a time limit regarding these filings. Texas has given its residents a two year time limit on filing a personal injury claim, or a cause of action. You will need an experienced San Antonio transvaginal sling attorney to handle your claim.
Since you are now aware of the type of claim that the San Antonio transvaginal sling will be and some of the complexities with regards to this claim, you can understand the importance of having a qualified San Antonio transvaginal mesh attorney handle your claim. Even though the time limit is set at two years for Texas residents, figuring out the beginning and ending of this period may not be easy. The beginning date usually falls on the date the injuries became common knowledge to the public. Sometimes the manufacturer can issue a voluntary statement warning about the use of their product, and the date of their statement can be used as the date of common knowledge. Usually it is the date of the FDA warnings that will be the common knowledge date. The FDA issued a warning on October 20, 2008, but there was an update issued on this warning on July 13, 2011. In this particular case, there is quite a bit of confusion on dates, so the federal judge will actually set the time limits on this action. You must file your San Antonio claim immediately if you are suffering the effects of a transvaginal sling so that you will be included in the time restrictions set for the claim.Still Wondering About Your Case?
Don’t be confused about whether you have a case or not. Let’s put it simply, if you have received a transvaginal mesh implant, also known as a pelvic mesh or a transvaginal sling, and you have suffered discomfort and injuries as a result of this implant, you need to pursue a San Antonio TVM claim by speaking with a qualified San Antonio personal injury attorney as soon as possible. They can help and guide you during this uncertain time to decide if you do or do not have a claim, and then they can be of assistance to you to figure out your next step. There are different levels of injury and no case is any less important than the other, so don’t count yourself out if you have been injured and you may be feeling that your injury isn’t enough. Let a qualified San Antonio Texas attorney help you decide your course of action by having a confidential consultation so that you will be able to discuss your particular situation.
At ———————-, we have over 22 years of experience in handling successful personal injury claims and can help you decide your course of action. You need an attorney that you can trust as they will handle your case and ensure your ability to receive the compensation you deserve, and one that will do it with discretion. The complexities and legalities of this particular case can be overwhelming to an attorney who is not experienced, and you do not want to risk your case being in the hands of someone unqualified. At ———————-, our experience makes the difference.
Call ———————- today for your confidential and free consultation regarding your San Antonio transvaginal mesh claim at 1-855-392-0000 (toll free). Put our experience in your corner.