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Court Tosses Mesh Lawsuit

Tenth Circuit Court Tosses Belated Surgical Mesh Suit

August 28, 2017
The Tenth Circuit Court has upheld a decision to toss a suit about an allegedly defective surgical mesh sling, stating that the patient should not have waited more than five years after learning she needed an operation to file the suit.

Gerry Adams was informed by her doctors in 2007 that the surgical mesh sling that had been implanted in her pelvis area to treat stress urinary incontinence was defective. Adams did not file her suit against American Medical System, the device’s maker, until 2013.

Neither the defendant nor the courts have stated that the mesh device was not the source of the pain from which Adams suffers. Rather, the suit was rejected on “statute of limitations” grounds. Adams was required to file the suit within two years of discovering that the mesh was the source of her pain.

In Adams’s case, the pelvic mesh device was the cause of severe pain and vaginal bleeding, and required a second, corrective surgery.

If you have been surgically implanted with a pelvic mesh device (also known as a transvaginal mesh device, or TVM), and it is the cause of pain, suffering, and/or health complications, then you do not have unlimited time to file a lawsuit. As this case demonstrates, not filing your mesh lawsuit in a prompt manner may mean being unable to file it at all.

The expert attorneys at handle pelvic mesh cases every day. Call us so we can help you with yours.

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