Oregon mesh lawsuit attorneys now want to move the case into a federal venue, The Pennsylvania Record reported. The mesh lawsuit represents Gertrude Moore, who sustained injuries from a defective pelvic mesh implant. American Medical Systems made the allegedly defective device, according to court documents. The In-Fast Ultra mesh device was surgically implanted within Moore to treat her stress urinary incontinence (SUI). However, the device caused catastrophic injuries, Moore alleged, which led to severe and permanent pain, suffering, disability, a loss of enjoyment in life and economic damages, the lawsuit states. The complications Moore experienced will force her to have corrective surgeries in the future, her lawyers say.
Mesh Lawsuit Seeks Federal Court Case
Moore’s lawyers now want to move the civil action case out of Pennsylvania state court. They assert the case belongs in federal court, since damages will likely exceed the jurisdictional limit. Moore says American Medical Systems is negligent for failing to properly warn consumers about mesh device risks. The company markets pelvic mesh implants as safe, effective and reliable. The lawsuit says this is false because implants have a high failure rate, injure patients and don’t perform as intended.
“AMS in particular has consistently underreported and withheld information about the propensity of their pelvic mesh to fail and to cause injury and complications, and have misrepresented the efficacy and safety of their pelvic mesh products through various means and media, actively and intentionally misleading the medical community, patients, and the public at large,” the lawsuit states.
Moore’s lawsuit also said AMS failed to perform adequate tests with its mesh products to ensure its safety and evaluate the risks associated with the implants, the Record reported.
Injury Allegations in Mesh Lawsuit
“Knowing the significant risk that the pelvic mesh products would fail and/or imperil the health and welfare of the women in which they were implanted, [AMS] failed to design the pelvic mesh products for, and to establish a safe, effective procedure for, the removal of the pelvic mesh products, rendering it impossible to safely or easily remove the pelvic mesh products,” the complaint states.
Like thousands of other women, Moore experienced mesh erosion, a complication the FDA issued recent warnings over. Moore also experienced mesh contraction, infection, inflammation, scarring, organ perforation, blood loss, pelvic floor damage and pelvic pain. The mesh implant also did not properly treat her SUI, the Record reported.
Moore has charged AMS of common law fraud, negligent misrepresentation, negligent infliction of emotional distress, breach of warranty and violation of consumer protection laws, among other things.
Surgical Mesh FDA Warnings
The FDA first warned consumers about potential surgical mesh side effects back in 2008. However, in July 2011, the FDA issued a new warning due to thousands of complaints from injured women. Between January 2008 and the end of 2010, the FDA received 2,874 reports of surgical mesh complications. Among those adverse event reports, 1,371 complaints were associated with SUI repairs.
At that time, the FDA expressed concern over the high number of surgical mesh adverse event reports. The federal health agency will continue investigating complaints about mesh implants used to repair SUI.
The most common surgical mesh complaints reported to the FDA were mesh erosion, pain, infection, organ perforation and bleeding as well as urinary problems.
What You Can Do
If you suffered surgical mesh implant injuries, you may be eligible for financial compensation from the manufacturer. Complete a free mesh implant claim review today and a lawyer will contact you shortly to discuss your case.
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.