The time is ticking for victims of vaginal mesh repair surgeries

April 06, 2013

The American Urogynecologic Society Foundation reports that approximately 50 percent of women between the ages of 50 and 79 suffer from some variation of pelvic organ prolapse (POP). Furthermore, stress urinary incontinence (SUI), which is linked to POP, affects an additional 15 million. Symptoms of these conditions include pain, bleeding, sexual problems and other issues that limit one's quality of life.

Due to the problems, hundreds of thousands of women opted for vaginal mesh repair over the last several years. This surgical option was supposed to help reduce symptoms common to POP and SUI. Unfortunately, thousands of treated women experienced complications with the vaginal mesh, including infection, mesh erosion, incontinence and abdominal fullness. Many of these issues led to subsequent surgeries. After stories surfaced about women affected from vaginal mesh repair, the Food and Drug Administration (FDA) issued a warning about the risks in July 2011.

Some of the women who experienced problems will now have permanent issues. As a result, victims have been filing lawsuits, asserting that they were not adequately warned about the procedure's risks and related complications. A number of manufacturers have been named in vaginal mesh cases.

If you have a vaginal mesh case that you hope to pursue, your time may be limited. Victims only have a few months before July, when the 2-year statute of limitations runs out in many states. The statute of limitations is essentially a legal clock, which starts ticking at the moment an individual discovers a harm or risk. From this period, victims have a set period to initiate a suit against those responsible for the harm. If victims of vaginal mesh repair do not sue within this period, they could be out of luck.

It is important to recognize that there are a couple of important dates that may alter the statute of limitations, depending on one's situation. The statute of limitations may have commenced at one of several possible moments. For example, there is the date of a victim's initial surgery, dates for subsequent surgeries (including removal of the mesh), dates of clinical trials and national warnings, dates from when symptoms started and many other moments within the process. However, it is important to know that for many victims, especially in West Virginia, the clock may stop in July 2013 -- two years after the FDA's national warning.

Many procedural questions can be answered with the assistance of an experienced personal injury law attorney. If you have been harmed by vaginal mesh repair, contact a lawyer in your area. You deserve to be compensated for your harm.

Article provided by The Bell Law Firm PLLC
Visit us at www.belllaw.com