Transvaginal mesh, once considered a solution for pelvic organ prolapse and stress urinary incontinence, has led to severe safety issues for many women. In 2019, the U.S. Food and Drug Administration (FDA) ordered manufacturers to stop selling and distributing these products due to safety concerns.
If you’ve received this treatment but had issues such as pain, infection or organ perforation, you may be eligible for compensation. Usually, you only have two years to sue after the injury. However, given the complexity of these cases, there are some exceptions:
The discovery rule
Issues can show up long after the transvaginal mesh surgery. It may also take you a while to connect your symptoms to the treatment or the issues themselves can develop slowly over time.
The discovery rule is particularly relevant for vaginal mesh complications. If you can prove that you couldn’t reasonably have known about your injury earlier, the court may allow the statute of limitations to begin running from the date you discovered or should have discovered the injury.
Legal disability
Texas law defines a “legal disability” as a condition affecting individuals under 18 or those who lack the mental capacity to understand their legal rights or manage their affairs. For these people, the time limit to file a lawsuit does not start until they turn 18 or get better mentally. So, if someone got a mesh implant before turning 18 or if mesh problems caused serious mental health issues to the point of incapacity, they might have more time to sue.
However, there are limitations: you cannot add up different disability periods to extend the pause, and the clock does not stop if the disability begins after the statute of limitations has already started running. Talking to an attorney is important to understand how this applies to your case.
A medical device should not cause you more injury
Don’t risk losing your right to compensation due to missed deadlines. Explore your legal options today and take timely action.
