Detecting the Latest Threat to Women’s Health: The Transvaginal Mesh.

In the past half century, medical technology has made great strides forward.  For women, in particular, the changes have been dramatic.  Reproductive health has seen incredible new advancements, the likes of which were never imagined by previous generations.

Our society’s fascination with learning and implementing new ideas, however, has a price.  And it can be a steep one.  In our haste to solve long-standing medical mysteries, we sometimes settle for the first solution to a particular health problem, when in reality, the side-effects of this new technology can be highly detrimental to our health.  In the last decade, transvaginal mesh has made its way to the forefront of medical news, and has recently been the basis of a multitude of products liability lawsuits.

Transvaginal mesh was first introduced in the 1970s and was considered a breakthrough in women’s health technology.  The mesh was designed to treat a variety of health conditions associated with weakened pelvic muscles in women.  Pelvic muscles are commonly weakened through childbirth, menopause and a hysterectomy (i.e. the removal of the uterus).  When pelvic muscles deteriorate, the pelvic organs, including the bladder, rectum and uterus, drop into the vagina and can cause serious reproductive health issues and incontinence.

While transvaginal mesh can be made up of different types of material, the Food and Drug Association has estimated that 91% are made of polypropylene, a type of non-absorbable plastic.  The term “transvaginal” refers to the method in which the mesh is placed in the woman’s body: “through” the vagina, rather than a more invasive abdominal surgery.  When inserted properly, the mesh acts as a support system and prevents the pelvic organs from falling downward into the vagina.

Beginning in the late 1990s, two types of serious complications began to surface regarding transvaginal mesh.  The first of these is called mesh erosion, and it occurs when the mesh erodes or passes through the vaginal wall. This causes bleeding, severe pain, infection and nerve damage.  The second type of complication, called mesh organ perforation, occurs when the jagged edges of the plastic netting push through the vaginal walls and into other pelvic organs.  Damage to other organs can be extremely severe, and can be long-lasting if left unchecked.

Some side effects of transvaginal mesh may include:

  • Pain
  • Recurrence of prolapse or incontinence
  • Nerve damage
  • Vaginal scarring
  • Infection
  • Vaginal shrinkage (scar tissue builds up and “shrinks” the vaginal space, causing pain and discomfort)
  • Bleeding
  • Emotional problems
  • Painful sexual intercourse
  • Neuro-muscular problems

 

Many of these injuries require expensive surgery to repair and can take a significant emotional toll on women using transvaginal mesh.

The harmful effects of these small plastic meshes are just now being realized.  In 2011, the FDA reported that it had received 4,000 complaints of complications related to transvaginal mesh in the previous six years.  In the Southern District of West Virginia alone, more than 40,000 women have filed transvaginal mesh personal injury lawsuits.  The defendants named in these lawsuits are primarily major mesh manufacturers, including Johnson & Johnson, American Medical Systems and Boston Scientific Corporation.  Women injured by transvaginal mesh allege that the product is defective, and that instead of helping protect their organs and tissues, the mesh actually harms them.

Thus far, personal injury lawsuits involving transvaginal mesh have managed to garner major damage awards in American courts.  Christine Scott and her husband won a jury verdict of $5.5 million against a company called C.R. Bard in 2012.  Another woman, Linda Gross, was paid $11.11 million for her injuries sustained by a Johnson & Johnson transvaginal mesh.  In sum, more than 40 different mesh products have been identified by the FDA as being unfit for women’s health.

If you or a loved one has been affected or irreparably injured by a transvaginal mesh, please enlist the aid of one of our diligent and specialized Boston, MA injury attorneys.  Our team of lawyers has over 20 years of experience in the field of personal injury law, and specializes in transvaginal mesh cases, and will represent you with great pride and skill during this trying time in your life.  Call us, 24/7, at 617-787-3700, or email us at info@gilhoylaw.com for your free and confidential consultation.  Your needs are our top priority!

Posted in Boston Medical Malpractice Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Product Liability Lawyer | Leave a comment

Ohio Family Reaches $14.5 Million Settlement After Son’s Severe Birth Injury.

Our Boston injury law office is a highly proficient team of personal injury lawyer specialists with years of experience and an unmatched reputation for excellence.  Our Boston medical malpractice lawyers will work efficiently and effectively to get you the compensation that you are entitled to.  To discuss your potential medical malpractice claim and your possible recoverable damages with an expert personal injury attorney, please contact our lawyers, 24/7, at 617-787-3700, or email us at info@gilhoylaw.com for your free and confidential consultation. 

Despite the many advancements in modern medical science, human imperfection has a tendency to intervene and can cause serious problems.  Doctors and nurses, because of their professional skill and knowledge, are nonetheless held to a high standard of care.  Under the law, they are expected to exercise reasonable care in providing treatment to all of their patients.  When medical professionals breach, or fail to execute this duty, they may be held liable for the potentially devastating consequences of their actions.

In April of 2003, the lives of a young boy and his family were irreversibly harmed.  Alijah Jones, now eleven-years old, suffers from cerebral palsy, cognitive delays, visual impairments and other developmental issues.  The cause of these severe medical conditions, sadly, was a mistake made by the attending physician during Alijah’s birth.

In March of 2003, Alijah’s mother Stephanie Stewart was 36-years-old and was 24 weeks pregnant.  Eleven years prior, Stephanie had given birth to her first child by way of caesarian (“C”) section.   Unexpectedly, Stephanie began having problems with her pregnancy with Alijah.  She was admitted to the MetroHealth Hospital in Cleveland, Ohio for premature labor three times.  On each of these occasions, doctors were able to prevent the premature delivery of her baby with medication and bed rest.  Stephanie’s doctor then advised her that her baby would have to be delivered by caesarian section.

On April 10 at around 12:30 pm, Stephanie’s water broke and she was again brought to the MetroHealth Hospital.  She requested that the baby be delivered by caesarian section, but the attending nurses disagreed about whether or not this was safe.   Dr. Steven Weight, a hospital obstetrician, arrived in Stephanie’s room at around 5:30 pm and told her that the baby looked healthy enough to deliver normally.  She protested against this, and continued to ask for a caesarian section.

Around 9:00 pm that night, the baby showed signs of distress in the womb, and a caesarian section was finally performed.  However, the baby had suffered a massive brain hemorrhage, leaving him permanently disfigured and disabled.

Incensed and saddened at the injuries to her son, Stephanie filed a lawsuit in 2004 against the MetroHealth Hospital and Dr. Weight.  Although the original medical malpractice lawsuit was dismissed without prejudice, the case was refiled in 2011.  The case has recently reached a verdict in favor of Stephanie and young Alijah.  Evidence used by Stephanie’s attorneys at trial showed that the distress of the infant just after 5:30 pm was the ultimate cause of the brain hemorrhage, and that Dr. Weight had improperly diagnosed the problem.

Given Stephanie’s prolonged history of labor issues, the jury concluded that both Dr. Weight and the hospital were liable for the injuries that Alijah suffered during birth.  The jury awarded $8 million for the cost of future care, $5 million for pain and suffering, $1 million for Stewart’s cost of services, and $500,000 for past economic losses.  In sum, Stephanie and Alijah will receive $14.5 million in damages.

For innocent children like Alijah, these types of birth injuries can be devastating and sometimes life-threatening.  The challenges, however, are not limited to physical impairments.  The medical and future care costs can be astronomical, especially with conditions such as cerebral palsy.  In addition, the pain and anguish felt by the families can be daunting.

If you or your loved one have been injured or killed in a medical malpractice or birth-related incident, please contact our Boston medical malpractice lawyers and personal injury attorneys for your free and confidential consultation.  We will work strenuously to see that you receive just and fair compensation for all of your injuries.  Call us, 24/7, at 617-787-3700 or email us at info@gilhoylaw.com.  Your needs are our top priority!

Posted in Boston Birth Injury Lawyer, Boston Burn Injury Lawyer, Boston Medical Malpractice Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Wrongful Death Lawyer | Leave a comment

Injured on the Job? Enlist Our Expert Boston Personal Injury Attorneys to Help You Navigate Massachusetts Worker’s Compensation Law!

When Massachusetts workers are injured at the workplace, their entire livelihoods can be at stake.  And although many work-related accidents stem from the inherent dangerousness of particular jobs, preventable accidents occur far too frequently.  To further complicate this severe problem, the injuries sustained in a work environment can be potentially serious enough to keep someone out of work for an extended period of time.  In tragic cases, work-related accidents can even result in the death of an employee. Fortunately, there is a unique set of laws in Massachusetts that govern these types of cases, and which are designed to protect incapacitated workers and their families from falling into financial ruin.

Massachusetts worker’s compensation law, as set forth in the Massachusetts General Laws Chapter 152, is a complex wage replacement system that allows injured employees to collect payment for medical costs and lost wages when they are forced out of work due to an injury at work.   This statute is considered “no fault,” which means that regardless of whether an employee’s own negligence contributed to the occurrence of his/her injuries on the job, he/she is entitled to receive worker’s compensation benefits.   In order to obtain a damage award in a worker’s compensation case, the work-related injury must have: (1) occurred on the job; (2) necessitated medical treatment; and (3) the injured victim must have been unable to return to work for five days or more as a result of the injuries. 

These benefits, depending on the employer and type of work involved, can vary.  However, standard benefit agreements usually include medical costs and expense coverage, a percentage of average income lost, compensation for permanent disfigurement, and disability payments.  In some cases, worker’s compensation benefits may even include vocational retraining, particularly in the event that an employee’s injuries prevent him/her from returning to their previous position.

Employers are mandated to offer worker’s compensation benefits under state law, and typically enter into agreements with their workers.  In exchange for worker’s compensation benefits, employees usually forfeit the right to file a lawsuit against their employer after suffering work-related injuries.

The requirement of employers to offer worker’s compensation benefits is enforced by the Department of Industrial Accidents (DIA), which is an organization that conducts its own hearings and investigations and is separate from the Massachusetts civil court system.  Because worker’s compensation cases are handled outside the state court system, the process of resolving disputes between workers and employers is often made simpler and more efficient.

Despite the many safeguards provided by Massachusetts worker’s compensation laws, recovering the full amount to which employees are entitled can still be a painstaking ordeal.  Many employers and their insurance companies, in an effort to decrease or negate liability, may argue that an employee’s injury did not occur at the worksite, or that the employee is entitled to less than they are claiming. In some alarming instances, the employer may try to force the injured worker to return to work against the advice of a licensed medical professional, thereby putting the employee’s health and well-being at great risk.

Because of the complex nature of Massachusetts worker’s compensation law, it is imperative for those affected by work-related injuries or work-related deaths to seek out a competent and assertive Boston worker’s compensation attorney.  It is also critical to note that there is a statute of limitations that limits the amount of time that an injured Massachusetts worker may have to file a claim. If you do not act within the necessary amount of time, you may be forever barred from recovering damages for your injuries!

Our Massachusetts worker’s compensation attorneys have been successfully handling Massachusetts worker’s compensation claims for over two decades and have earned a national reputation as a result.  Our wrongful death lawyers, having settled hundreds of cases for millions of dollars in damages, are your best resource in a legal dispute with employers and insurance companies involving the death of an employee.

For the families of work-related accident victims, the financial burdens can be devastating.  If your family has been negatively impacted by a work site accident, do not hesitate to contact our team of personal injury experts, 24/7, at 617-787-3700, or by email at info@gilhoylaw.com. We are proud to be your advocates in this time of crisis, and will work diligently to see that you receive due compensation for all of your personal injuries sustained on the job.  Your needs are our top priority!

Posted in Boston Accident Injury Lawyer, Boston Job Site Accident Injury Lawyer, Boston Personal Injury Lawyer, Boston Worker's Compensation Lawyer, Boston Wrongful Death Lawyer | Leave a comment