For Texas women who are experiencing pelvic conditions that require medical care and the use of vaginal mesh, the device itself could seem like a great invention that will help them live the highest quality of life possible. However, as with many advancements, the dangers of these devices are largely unknown until women start having health problems because of them.
The companies that create these devices can be taken to task for their failures not just in manufacturing and testing the product but also for how it is marketed. Considering the legal options is important to make sure companies and medical professionals are held accountable.
Recent appeals court case highlights deceptive marketing for pelvic mesh
A case that accused Johnson & Johnson of deceptive marketing for its pelvic mesh implants had been appealed by the company, but a California appeals court upheld the ruling that it must pay.
The court did lower the amount awarded from $302 million to $42 million. In the initial claim, J&J and a subsidiary were ordered to pay $344 million due to their misleading claims on various outlets as to the effectiveness and safety of the mesh.
Sales representatives made false statements to medical professionals and there was evidence that the statements were known to be false even as they were being made. The company plans to appeal to the California Supreme Court.
Among the false claims were downplaying of the potential complications and that they might be irreversible with the potential for catastrophic problems. J&J is based in New Jersey and women assert that they suffered consequences like infections, bleeding and other symptoms due to the mesh. As many as 17% of women might have conditions because of it.
Those who suspect problems with pelvic mesh have rights
There are many health problems that can arise due to faulty pelvic mesh and they can be part of a medical products liability claim. Whether it is material erosion; pain during intimacy; the product shrinking or moving; inability to control urination; infections; and more, it is wise to keep track of claims that have been made against companies and to know what steps are available to cover for medical costs, pain and suffering and other concerns. Consulting with professionals experienced in these cases can provide information and help with what to do.