Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 19, 2018

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Surgical mesh lawsuits are surging as public awareness about dangerous surgical mesh side effects increases. Have you been injured? If so, you may be entitled to compensation.

Bard Avaulta Lawsuits Allege Insufficient Product Testing & Warnings

The issue of why surgical mesh products weren’t tested more is one of the issues that the ongoing Bard litigation is addressing in federal multi-district litigation (MDL). Bard Avaulta injury lawyers representing plaintiffs argue that the issue isn’t only that these products weren’t properly tested, but also that the warnings given to the physicians who were recommending the mesh and using it in their patients were potentially inadequate. The questions posed by plaintiff lawyers is: If warnings were given to physicians, did they accurately reflect what the complications involving this product would be? As the FDA eventually issued its own warning, the initial warnings concerning the product seem inadequate.

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FDA Issued Two Warnings

The U.S. Food & Drug Administration (FDA) issued an initial warning about the problems being reported with vaginal mesh in October 2008 concerning transvaginal placement of surgical mesh in the repair of pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

Since then, it has put out a more broad warning about mesh in general. In 2010, it issued another warning that actually included all mesh products and then referred back to the October 2008 warning about the problems with vaginal mesh.

Although the FDA has never gone as far as mandating a recall, it did tell Bard and other surgical mesh manufacturers that they had to look at the situation with all of these mesh devices. This includes not just vaginal mesh devices, but also mesh for pelvic organ prolapse and stressed urinary incontinence. According to product liability lawyers, this warning did not prompt manufacturers to increase attention to consumer safety concerns.

Surgical Mesh Lawsuits Continue

Surgical mesh lawsuits against Bard and other manufacturers continue to be filed. Surgical mesh attorneys argue that manufacturers have done little, if anything, to warn patients in response to FDA communications, and that manufacturers are defending a number of these surgical mesh lawsuits, including the multi-district litigation (MDL) in the Southern District Court of West Virginia.