An injury lawsuit has been filed in Pennsylvania court concerning reported injuries suffered by an out-of-state woman fitted with a pelvic mesh implant device manufactured by Johnson & Johnson. The case has been filed in the Philadelphia Court of Common Pleas. The surgical implant, that took place in 2009, is blamed for the woman’s infection, inflammation, scar tissue, organ perforation, dyspareunia, blood loss and pain in the pelvic area.
Besides Johnson & Johnson, the woman’s medical providers have also been named in the defective products and personal injury lawsuit. The defendants are blamed for the continual marketing, manufacturing and use of a device that they supposedly knew was involved in injuries to other women.
How much the defendants actually knew concerning the dangers of the mesh implant will have to be established at trial by the attorneys for the injured woman. Though past injuries while using the product can be indicative that the product was defective, every case is unique and the attorneys would have to establish that the injuries were not caused by other factors.
These sorts of lawsuits can be difficult to prosecute because the defendants are often multi-million dollar corporations that can often spend a great deal of money concerning their defense. These corporations can retain experts that will testify that the product is perfectly safe, and such testimony will have to be countered by attorneys representing injured victims.
That such litigation is complex should not prevent these cases from being filed. However, it does demonstrate the need of retaining attorneys that can prove a product caused a particular medical condition. Many attorneys have taken on these large manufacturers and prevailed in these types of lawsuits.
Source: The Pennsylvania Record, “J&J, others named in pelvic mesh product liability claim filed in Phila.,” by Jon Campisi, June 6, 2013