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Transvaginal Mesh From There to Now: What is the Statute of Limitations and What’s Going on This Year as Told by DFW’s Legal Examiner
On January 22nd, Dallas Fort Worth’s Legal Examiner published a brief yet informative article on transvaginal mesh litigation. We’d like to talk about it a little bit and expound on the details because, the truth is, that transvaginal mesh litigation involves a lot of fine details that can appear overwhelming. Article link: http://fortworth.legalexaminer.com/medical-devices-implants/boston-scientific-vaginal-mesh-lawsuits-survive-limitations-challenge/
The first thing to understand is the huge step that will be taken regarding transvaginal mesh litigation this coming year. As the article notes: “Throughout 2014, a series of nine additional bellwether trials are scheduled involving claims brought against Ethicon, Boston Scientific and AMS. The first Boston Scientific bellwether trials are currently set to begin in March 2014 and July 2014.”
This is big news for transvaginal mesh litigation and could potentially result in positive results for many other women harmed by transvaginal mesh because, just as the name indicates, these bellwether trials will influence future cases.
The article also expounds on a few of what we like to call the Transvaginal Mesh Litigation “Need to Knows,” including:
1. The definition of the statute of limitations as it relates to transvaginal mesh cases: “Most states have a 2 year statute of limitations, which typically begins to run from the date of the injury or when the injured party knew or should have know that the injury was cause by the defective drug or medical device.”
2. Each case is different. As evidenced by one of the bellwether cases set for trial in 2014, wherein the plaintiff, Roseanne Sanchez, was only made aware of the possible connection between her injuries and her transvaginal mesh device after seeing an advertisement on T.V.
That might sound like a bunch of baloney to some people — but it’s the truth.
The fact is most women were not made aware of the connection between the transvaginal mesh device and their injuries when they first had troubling symptoms. It took several revision surgeries, and then a chance encounter, like Sanchez’s rather random notice of a warning advertisement on T.V., to start the ball rolling in her mind. Once it did, the connection became undeniable.