Surgeons often use vaginal mesh to repair a woman’s pelvic floors and to address conditions like pelvic prolapses and stress urinary incontinence. Unfortunately, while surgical tool companies create these devices to provide additional support to weakened tissue, vaginal meshes bear a high risk of failure. This could cause complications that require additional medical treatment or even emergency surgery to remove the device. If you experienced harmful side effects following the implantation of a vaginal mesh device, a Charleston vaginal mesh lawyer could help you seek to hold the manufacturer civilly liable for damages. Allow a meticulous injury attorney to work with you by gathering evidence of a device’s failing and pursuing compensation on your behalf.
Side Effects of a Vaginal Mesh Implant
Surgeons internally implant vaginal mesh to provide additional support to women who experience weakened tissue structure in their vaginas, typically due to a specific medical condition. Despite their widespread use as surgical support devices, though, vaginal meshes have a history of failure. Vaginal mesh erosion or failure often leads to infection, bleeding, organ perforation, and pain during sex.
These side effects could be due to poor design or manufacturing technique. Regardless of what flaw causes a vaginal mesh device to fail, the manufacturer of the product may bear legal liability to compensate injured patients if those patients successfully sue for damages. A Charleston vaginal mesh lawyer could facilitate such efforts by examining the factors contributing to an injury and determining specifically where liability lies in a particular case.
Legal Obligations of Charleston Medical Device Makers
Companies that produce medical devices hold the same obligations as all other product manufacturers South Carolina. Legally, this includes ensuring a product is safe for consumers when used as intended.
South Carolina law dictates that if makers of products fail to uphold this duty and injure a user, affected patients can hold them strictly liable for any damage that results. This means that if a flaw or defective in the product’s design or manufacturing causes an injury, South Carolina state law automatically places blame on the manufacturer.
Legally Proving a Product is Flawed
Plaintiffs in Charleston can utilize two methods to demonstrate that vaginal mesh was defective. The first method is to argue that the product’s design made it susceptible to failure, which may involve working with an engineering expert to investigate the design for flaws.
Alternatively, plaintiffs could argue that an error in the manufacturing process resulted in the product becoming damaged before insertion. In either instance, the maker of the vaginal mesh is responsible.
Limitations on Filing
Regardless of the method used to pursue a claim, there is a time limit on filing a vaginal mesh case in court. According to South Carolina Code §15-3-530, any case that alleges personal injury must be brought to court within three years of the date of injury, including claims of physical injuries from a defective product. A vaginal mesh lawyer in Charleston could help potential plaintiffs understand the legal theory that best serves their case and ensure they file their claim in a timely manner.
Working With a Charleston Vaginal Mesh Attorney
Vaginal mesh implants are common devices doctors use to repair damage to a woman’s muscles following vaginal prolapses or bladder issues. Unfortunately, many of items are designed in a way that leaves them vulnerable to failure. As a result, South Carolina has determined that vaginal mesh manufacturers are strictly liable for any damage that results from their product’s failure.
If you wish to file suit for injuries related to vaginal mesh, a Charleston vaginal mesh lawyer could help you identify the product maker, investigate the design and manufacturing process of your implant, and pursue a civil lawsuit to demand compensation for the harm you suffered. Reach out to a dedicated attorney to schedule a confidential consultation and discuss your case in depth.