Our Atlanta product liability lawyers and medical malpractice lawyers have seen the news regarding a devastating product defect in medical devices used across the U.S. This device, called transvaginal mesh, or a bladder sling, is surgically implanted in patients to help with conditions such as incontinence. There have been numerous reports in several states of severe complications with these devices. Several manufacturers are currently involved in litigation in different states, but there has been multidistrict litigation consolidated against one such manufacturer, Mentor Worldwide, for their product, Ob Tape, in the US District Court for the Middle District of Georgia.
The first state lawsuit on product liability for this type of transvaginal mesh was in California against a different manufacturer, CR Bard, and the physician responsible for implanting it into patient, Christine Scott. Ms. Scott suffered permanent damage as a result of the product and the malpractice in implanting it. The California court awarded Ms. Scott and her husband a $5.5 million judgment, of which the jury determined the doctor 40 percent responsible. In that case, the doctor was almost as equally responsible as the manufacturer for Ms. Scott’s debilitating and painful injuries.
The federal case in Georgia is now moving forward, under Judge Clay D. Land at the US District Court. It is called In Re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation (MDL 2004). This litigation is a growing collection of federal lawsuits against this product and the doctors who implanted it. The consolidated multidistrict litigation is an effort to move with greater efficiency given the large number of claims through the pre-trial phase of discovery and evidence collection. Once the pre-trial phase is over, each lawsuit will return to the original lawyer and the plaintiffs will be entitled to separate trials and/or monetary settlements.
Last week, there was a unique addition to this case by an Arizona plaintiff who is only suing Mentor for a defective product, and not her doctors for implanting it. Mary Higbee claims her doctor and medical team implanted the device “properly and appropriately.” Ms. Higbee further accuses Mentor of negligence and wrongful conduct in knowingly marketing a dangerous product. Like Ms. Scott in California, Highbee claims she suffers from chronic pain and permanent injuries from Ob Tape, and continues to face numerous corrective surgeries as a result.
If you or someone in your family has been hurt by medical malpractice, a defective medical product, or a combination of the two, the Georgia personal injury lawyers at Sammons & Carpenter can help you determine if you have a case and how to move forward with your legal options. Our attorneys know that sometimes medical issues are uncomfortable to talk about, but when problems arise your life could be at risk, and you may deserve compensation to help with medical bills and other expenses. Please call us at 404-814-8948, or fill out our confidential our Atlanta medical malpractice attorneys online for a free consultation.
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