Johnson and Johnson Inc. has been hit with a lawsuit from a woman who was injured by a defective TVT-O/Prolift.
Johnson and Johnson Inc. has been hit with a lawsuit from a woman who was injured by a defective TVT-O sling and Total Prolift that had been dismissed without prejudice. The dismissal was by agreement between the claimant and Ethicon, and as an “unrevised” claimant under Pre-Trial Order 293 was refiled by hr new counsel on March 27, 2020 in the U.S. District Court of New Jersey (Case No:2:19-cv-02454-RK). PTO 293 order tolled the statute of limitations for unrevised women alleging injuries by implanted Ethicon transvaginal mesh products. The tolling is effective got the time period until they undergo vaginal mesh
revision surgery or have a recommendation by a physician that revision surgery is indicated (see PTO 293 for more specifics).
The lawsuit was filed by TS., a woman from South Carolina, who was injured by the TVT-O sling (used for stress urinary incontinence) and the Prolift (used for pelvic organ prolapse)—both manufactured by Ethicon Inc., a wholly owned subsidiary of Johnson and Johnson, Inc.—after undergoing revision surgery.
Neurological injuries caused by the Ethicon’s Prolift, TVTO, and Secur devices can be strong cases as specific causation is usually very
clear.” – Dr. Greg Vigna
The TVT-O and the Prolift devices were implanted on October 1, 2007 at a hospital in South Carolina. The claimant’s injuries occurred while she was a resident of South Carolina. Ethicon, Inc. is accused of negligence for selling a defective medical device, strict liability for design defect and failure to warn, and breach of implied warranty.
Greg Vigna, MD, JD, national pharmaceutical injury attorney, practicing physician, and Certified Life Care Planner states, “Neurological injuries caused by the Ethicon’s Prolift, TVT-O, and Secur devices can be strong cases as specific causation is usually very clear. These devices produce specific injuries nearly unheard of in the absence of the transvaginal mesh devices, and statements contained in the product’s instructions for use were deceptive. I am beginning to wonder how a standardized matrix settlement would provide adequate compensation for most women with these specific life-altering injuries.”
Dr. Vigna adds, “We represent women who have had their cases dismissed without prejudice after failing to achieve settlement and women whose cases are awaiting remand from the multidistrict litigation after completing the wave discovery process. In addition, we represent newly diagnosed women with pudendal neuralgia and obturator neuralgia caused by old polypropylene mesh devices that are degrading, shrinking, and contracting in proximity to nerves as well as women with recently implanted prolapse devices and slings with catastrophic injuries.”
The plaintiff is represented by Ben C. Martin and Laura Baughman of Martin Baughman, PLLC and Greg Vigna, MD, JD. Ben Martin and Laura Baughman are national pharmaceutical injury attorneys in Dallas, Texas. Dr. Vigna is a California and Washington DC lawyer who focuses on catastrophic injuries caused by transvaginal mesh devices including pudendal neuralgia, obturator neuralgia, and complex regional pain syndrome.
For articles, video resources, and information visit the Pudendal Neuralgia Educational Portal (https://pudendalportal.lifecare123.com/) or https://tvm.lifecare123.com/.
Click here for information regarding sling related complications: https://tvm.lifecare123.com/slingebook.html
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