Vaginal Mesh Lawsuit Plaintiff: “They Don't Care What Happens To You”
The Texas woman who identified herself only as “Barbara” hasn't had it has bad as some women. For many vaginal mesh lawsuit plaintiffs, there have been numerous revision surgeries, disabling pain and complete inability to engage in the sex act.
“Barbara” had her first vaginal mesh implanted in 1996 to treat urinary stress incontinence. She was informed that the procedure would help her deal with the problem for ten years before another surgery would be necessary. She experienced mild discomfort over that time, but says it was “nothing I couldn't live with.”
Her second surgery in 2011 was a different matter. She told a reporter for Lawyers and Settlements that “...intercourse is painful in a way that I didn’t have to suffer through the first time...my partner says it feels different.” She added, “It certainly puts a damper on our relationship, to say the least.” When she brought this issue up to her doctor however, he told her that the problem was hormonal.
The hormone therapy did not help. Today, Barbara continues to experience serious problems with intimacy. As she prepares to file her own vaginal mesh lawsuit, she feels “...like the doctors were sold a bill of goods from the manufacturers and/or they don’t care what happens to you after the fact...your sex life doesn’t affect them.”
In fact, they don't. This has been demonstrated again and again when medical devices either fail to perform properly or – as is in present case, are marketed and used for purposes for which they were not designed. In a profit-driven health care system, profits come first – patients' well being comes second.
Barbara's story brings up another issue surrounding the vaginal mesh lawsuit – and that is “loss of consortium.” This phrase refers to a situation in which a plaintiff is no longer able to have conjugal relations with his/her spouse because of an injury suffered by the latter. What this means is that Barbara's partner may very well have cause of action to bring a vaginal mesh lawsuit as well.
The laws governing who can bring suit on the grounds of loss of consortium vary from one state to another – and it's not always about a couple's sex life, either. For example, if Barbara's pain and suffering prevents her from taking proper care of her children and/or demonstrating normal, maternal love and concern, her children would also have grounds to sue for loss of consortium in many states.
In some states, loss of consortium can be part of an injury lawsuit; in others, it must be filed by a spouse or on behalf of minor children as a separate cause of action. If you have questions about this, please contact our offices today for a free, no-obligation consultation and case evaluation.
Learn more about Transvaginal mesh lawsuits