CTV – Canadian Transvaginal Mesh Class Action Lawsuit
Apr 18th, 2012 | By Jane Akre | Category: Legal News
CTV story on mesh lawsuits
April 17, 2012 ~ CTV National News on Tuesday, April 17, ran a taped story of two women who are involved in a multimillion dollar class action lawsuit in Canada over vaginal mesh. The women are now disabled and unable to work as a result of being implanted with synthetic surgical mesh as a treatment for incontinence.
Carol Kouyoumjian had the Johnson & Johnson mesh made by Ethicon inserted around her bladder to treat incontinence six years ago. Since then she’s developed chronic leg pain she says is a “12” on a ten scale. She can no longer work as a nurse because she can’t stand for any period of time.
Diane McLaughlin says the mesh, inserted in 2006, solved her bladder problem but it left her with severe leg pain. Both women say they were never warned about the long-term and debilitating problems either by their doctor or in the product literature.
There has been one warning about transvaginal mesh complications issued by Health Canada, however many doctors remain unaware of the warning. Synthetic meshes to treat pelvic organ prolapse, (POP) and stress urinary incontinence (SUI) are still on the market.
In July 2011, the FDA issued its second, stronger warning about complications.
“The FDA is issuing this update to inform you that serious complications associated with surgical mesh for transvaginal repair of POP are not rare,” the agency wrote to health care providers.
“Furthermore, it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk.”
CTV reports the meshcomplication rate may be 15 percent, however the actual number of complications is unknown because patients are not tracked after surgery. In the states, the FDA database of ‘adverse events’ is thought to represent about ten percent of actual injuries. Mesh is still in wide use with thousands of implants put into unsuspecting women every year.
Ethicon, the mesh manufacturer and a subsidiary of Johnson & Johnson, told the network:
“We are convinced the evidence will show we acted appropriately and responsibly in the research, development and marketing of these products.”
Both women in the CTV story have been told they will have to live with the mesh and the pain because it has now become part of their body.
The Canadian law firm, Siskinds LLP says they want better warnings for women considering mesh.
The Statement of Claim alleges that Johnson & Johnson failed to adequately warn patients and physicians of the magnitude of the risk of serious side effects when using one of their transvaginal mesh products compared to alternative treatments. Possible side effects include mesh erosion through the vaginal wall, infection, pain, bladder perforation, vaginal scarring, pain during sexual intercourse, and other problems which may lead to a significant decrease in quality of life due to discomfort and pain.
Matthew Baer, a lawyer with Siskinds LLP, describes the purpose of the proceeding as:
”We believe that through this lawsuit Johnson & Johnson will be required to explain to Canadians what it knew about the risks associated with using their transvaginal mesh products and when they first became aware of those risks. In this case, as with all of these types of cases, we are concerned about whether Canadians were adequately warned of the risks associated with using the products in question. These products are alleged to have high failure, injury and complication rates which could result in frequent and often debilitating re-operations and potentially cause severe and irreversible injuries, conditions and damage.”
Learn More:
CTV- Top Story
http://www.ctv.ca/CTVNews/TopStories/20120417/transvaginal-mesh-women-lawsuit-incontinence-120417/Health Canada warning, February 4, 2010
http://hc-sc.gc.ca/dhp-mps/medeff/advisories-avis/prof/_2010/surgical-mesh_nth-aah-eng.php
“Health Canada is concerned about Canadian and international reports of various intraoperative and postoperative complications associated with the use of these medical devices.”Canadian News Wire on Transvaginal Mesh Class Action, April 17, 2012
http://www.newswire.ca/en/story/956349/transvaginal-mesh-class-action-commenced-in-canada
Hi, I am interested to learn more about this tvt repair. I had this done about 4-6 years ago. In January/12, I started to have pain to the (L) inguinal area, to the point of it being debilitating. I also have bleeding coming from the vaginal area. I have seen the doctor that has done the procedure, and he states everything looks good. My doctor is perplexed as what to do. I have been to the emergency department x2, with o results. All I know is that this really hurts, and no one knows why.
how can i find a lawyer that is dealing with these kind of lawsuits?
Tara- the Siskinds law firm is mentioned in the above story (class action) and we’ve reported on Paul Miller also in Toronto ( individual lawsuits). If you put Canada in the search bar you should be able to find all we’ve done on Canadian patients and lawyers.
I too am experiencing problems, such as pulsating in my rectal/vaginal area as well as spotting from my rectal area. Following the procedure I had to stand up and bend over to urinate. Went to a second doctor for an opinion and realized that the tape was tilting my urethra as well as other things. Let me know if you have some information on a class action suit.
Thanks Wanda
I had a bladder sling put in a few years ago. I am 63 alsmost 64 and I find I cannot void like I normally do. It takes forever and seem so urgent but then there is nothing but a few drops. I am worried about my age and trying to get it fixed. I havent told my doctor , I have just been dealing with it myself and worrying.
What is there I can do about it?
thanks
Connie
Leg pain refers to any kind of pain that occurs between the heels and the pelvis. There are many reasons for leg pain,,,”
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I had my surgery in Feb 2009. Within a week I was in the ER, they gave me meds stating it was infection. Off an on I would experience pain especially in the morning when I awoke to severn pain due to full bladder, even if I had already gone once or twice in the night. The pain was in my righn lower back, side and down my legs, it was crippling sometimes. I would need assistance from my family and would miss a lot of work. I visited my surgeon a few months later and complained.. She said all was fine and every time (6-7) I went to see her over the next two years she would send me for an ultrasound, state that I was fine and repeat her perfect record and success with this procedure. I am still in a lot of pain and I’m tired of this, also I’m leaking again so it didn’t work as well as expected, sorry to mar her record, but I need to get on board with this class action law suit in hopes to stop this product and warn other women not to have this procedure. Yes I have regrets, I was hoping for a better quality of life, and I didn’t get that…totally the opposite. I am amazed that I’m not alone..so sorry if by keeping quite this long that anyone has suffered. I WANT TO SPEAK OUT!!! How do I start this process to join this class action. Angela
Hi Angela,
I am about to have surgery for a prolapsed bladder and uterus – did you have your surgery in Toronto, Mississauga or Brampton? if so could you tell me the name o f your doctor? thnaks
I had a surgery done for incontinence back in 2007. I am worried now. How do I find out if I fall under this action that is taking place?
I has the suburethral sling procedure done. Is this the same as the mesh sling that there is a class action suit on going. I have some of the symptons ? I am concerned.
C-
The problem is that both lawyers and doctors are beginning to split the baby in half, in other words the abdominal placement patients may not find it as easy to find a law firm. Please post that question to the Face Book page mMedical Mesh Legal Support…
FB group
http://www.facebook.com/groups/142368339207055/
Medical Mesh Legal Support
http://www.facebook.com/groups/209955715772164/
I had t.v.t surgery in 2003. Right from the first day I had problems. After 6 hours of going home I went back to emergency and I had to have catheter inserted and I had 3000 ml of urine go into bag. I had to have the catheter in for 2 weeks after that . Even after all that things didn’t seem right. The stream was slow and I never felt empty. The kidney and bladder was always aching . I had many bladder infections and complained to Dr. that things were worse than before. I would urinate 15-20 times a day and 3-4 times a night, still I never felt empty. The Surgeon didn’t listen, he thought it was in my head. So one day I had a woman Dr. doing a physical while my family Dr. was away. She listened to me and sent me to another surgeon. This surgeon sent me for many test and found out there was a bulge in my bladder that fell through the mesh.That meant I was only emptying 30 percent each time. She operated and fixed the bulge. Things were better but I still had pain just not as bad, so she sent me for treatments on bladder.They were to insert catheter and flush bladder every week for 4 weeks but, the nurse couldn’t get catheter in. So back to surgeon to find out that the mesh had embedded itself into bladder floor and across the urethra . It was also breaking into pieces and it was poisoning me. Then last month I went for major surgery to cut out mesh, rebuild bladder and urethra. I need to have a catheter in for 6-8 weeks until everything heals and I can urinate normally without it. We will see what happens. Its been 3 weeks and I feel better now than I have in 9 years since this all started . So ladies don’t take one Dr.s word. If you don’t feel right go somewhere else, until you feel someone is listening.
I had this surgery (TVT) done in 2003 by a surgeon in Hamilton whom I am unable to contact anymore.
What you are going through seems what I went through from 2003 to 2009. Lots of pain, continually going to the washroom many times during the day and night. I saw another doctor who suggested I use a catheter all the time and that is what I have been doing since 2009. I have become an expert at using the catheter, it has solved the problem with going to the washroom all the time and no more pain. I am getting older, going on 73 in June and wonder how I will do as I get older. I would never advise any woman to have this TVT done as it has ruined my freedom. I do not know if doctors are still perfoming this precedure. How does one join a Mess Class Action Lawsuit.
I had TOT surgery in June , 2012. From the moment I got out of the OR,, I had pain in my legs. It has not gone away since. I cannot walk for very long without having pressure in my hips. I also have lots of pain under my knees. I discussed this with my surgeon at my six week checkup. She checked the sites of the insertion of the anchors and said everything seemed fine. She referred me to a physiotherapist who specialized in pelvic floor muscles. She said that my pelvic floor muscles were very tight which in turn was causing my hip muscles to be very tight which was affecting my legs all the way down to the knees. I have been doing the excercises but it has not seemed to give any lasting results. There are times when I can hardly walk up stairs due to the pain. Getting off a chair or out of a vehicle also presents with lots of pain. Walking is much slower than it was before and I cannot walk for long – even then, there is pain. Reading the information on this site and listening to other women’s stories is making me wonder if my leg pain is associated with the surgery. I would love to know what I should/could do about it! Can anyone offer any advice?
My mother in law is havin problems complain to your MP also ministy of health. My mother in law is going to UCLA to see Dr Raz who had performed hundreds of sucessfull mesh removal. He uses translabial ultrasound to hilite the mesh to see it for full removal. In canada no one is trained to perform a full mesh removal or be specially trained in the trans labial ultrasound so when you get operated on you are a test subject basically because they cannot see the mesh its a blind guessing game hoping they do not turn you septic.
How do i find a lawyer im haveing major complications,help!!!!!
I have my POP done last November,2010 and since then I have this severe pain on my right leg that prevent me from sleeping. I complained to my doctor about it and sent me for x-rays,ct scan, therapies with no results or any findings. I ended up asking her to give me some pain killers with drugs that will help me to sleep. She is waiting for an appointment date for me to see a neurologist because my problem is getting worse. I now even limping when I walk and it is hard for me to climb up stairs. Please if any of you knows of what to do let me know.
Finding out that everything and anything involved with mesh is a nightmare. Had it implanted in 2007, read the FDA warning in 2008, was already worried as I was having leg pain, strange pain down my right leg. Started feeling a sharp wire mesh in my vagina. I find a lawyer that tells me he will not take the case. He said ” try and get medical help”….. I try talking to my Family doc and OBGYN…. I get nothing from them. So, I suck up my pain, blame myself, quit having sex with my loving husband and suffer alone.
After menopause it all is worse. Groin pain, leg pain, times when I can’t walk, missing sex, and, so, so afraid. stress alone is worth millions as once you understand what is going on in your fragile body, you start to fall apart.
Finally, I find mesh sites on like this one, I decide to ” get help”, hence…. My new nightmare.
Between my insurance, understanding the out of network policy, being more confused as to how to get to UCLA, being told I have Fibromyalgia, my family doc wanting me to see a local Urology group ( that still do mesh) and …. The law firm I called six months ago and signed papers to get my medical record have not called me to even tell me I have a case……. Oh and the latest is….. The Urology group will not see me until I have my old records and the old group said ” It could be awhile, they are in a storage locker and it is cold in there” , and “, we do not have to give them to you if it has been awhile, oh, it was 2007 ?, I will have to give them to you.” Really, seriously ? Are you joking ??
I need a lawyer, doctor, health advocate, therapist, priest ….. It is just too much to understand when you are suffering already.We need a medical board to stand up, do the right thing, line us up with Dr, Raz and HELP us.
Please, enough is enough.
Leg pain refers to any kind of pain that occurs between the heels and the pelvis. There are many reasons for leg pain, and not all of them are caused by a problem that originates in the leg; some injuries or spinal problems can cause aches and pains in the leg(s).^
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I had a transvaginal hysterectomy & a bladder sling for a prolapsed uterus & bladder in 2008. Also had a pelvic floor resection done at the same time. Six months later I could feel the bladder coming down again. My surgeon said I was told it works in about 90% of women & I was in the 10% that it didn’t work. Since then I have had constant UTI’s & bladder infections at least every 3-4 months. Prior to the surgery I had never had a UTI, didn’t even know what it felt like. The leaking has been back for a few years & I cannot hold my urine like I used to years ago. I am now starting to have leg-hip pain to a point where I have trouble bending over or down. It may not be related but then agian it might.