In this Google Live Event, Phoenix personal injury attorney John Kelly answers online questions about transvaginal mesh lawsuits. Please feel free to ask your own questions in the comments section below or visit [ Ссылка ].
a.Marie – Is it true the FDA put out an official warning about transvaginal mesh?
b.Nicole – Is there a time limit to file a TVM claim following complications?
c.Alexis – Is it my doctor’s fault my mesh implant injured me?
d.Anna – If I’ve had complications am I guaranteed compensation?
e.Dawn – I have a TVM implant but I never got injured, should I still file a claim?
Kelly Law Team
1 E Washington St.
Suite 500
Phoenix, AZ 85004
602-283-4122
Transcript of content:
- We're with John Kelly. John is a personal injury attorney in Phoenix, Arizona, and he's agreed to answer some online questions, that related to the trans-vaginal mesh cases. With that said, John, let's go into the first question. First question was from Marie. Marie asks, "Is it true that the FDA put out an official warning about trans-vaginal mesh?"
- Marie's question, the answer is yes, the FDA did put out a warning several years ago, basically warning consumers that there's thousands of complaints against several manufacturers of this mesh, and that they need to be concerned, and they need to be careful before they make the decision to get these implants. So there is a warning out, and it is something that is an official thing to kind of try to protect the consumers.
- Okay, next question is from Nicole. Nicole asks, "Is there a time limit to file a TVM claim following complications?"
- Generally there are time limits, in every state it's a little bit different, so depending on where you got the implant, that may be the state that controls. For instance, it's a negligence claim, so in Arizona there's a two year statue of limitations. There may be some federal rules that apply too, so you kind of need to talk to an attorney about it right when you find out. It could be a situation where right when you find out there's complications going on, that's when the statue of limitations starts to run. There are some ways that that could potentially, what we call toll, so it could give you a little bit more time. But generally you want to monitor it pretty quick and talk to an attorney right away if you know there's complications.
- Okay, all right. Next question is from Alexis. Alexis asks, "Is it my doctor's fault my mesh implant injured me?"
- That's a complicated question that would need a little bit of research done, but generally the attorneys that are pursuing these claims are going after the manufacturers. A lot of people believe their doctor made a mistake, but what we're finding is that in most cases, the actual material of the implant that's causing the issues. Now that doesn't mean that the doctor is completely off the hook, that you need to have those medical records, we need to do a little research, but again, contacting your attorney and having him evaluate your individual case is a good idea.
- Okay, next question is from Anna. Anna asks, "If I've had complications, am I guaranteed compensation?"
- If you have complications, there's no guarantees to compensation. You do want to get involved with the litigation because there's a lot of class-action lawsuits going on, and generally these companies will settle them in one big fell swoop at a time, so you can get involved with that if you have the complications. But with litigation, there's no guarantees and the attorneys are usually taking on a lot of the risks too, because they're on a contingency fee basis. So if they don't win the case or settle it, then the clients aren't paying them any money.
- Okay, and the final question is from Don. Don says, "I have a trans-vaginal mesh implant but never got injured. Should I still file a claim?"
- If there's no injury you don't really have a claim, because for a claim you need damages. But, knowing that you have the implant, it's a good idea to monitor it pretty closely. You may even want to have it checked out by a doctor, because the fact of the matter is that there's a lot of these that are causing pretty serious problems. When there's warnings coming out, and when there's litigation going on, you may want to be closely monitoring what's going on with that implant to make sure that you're not having any complications. And right away when you find these complications if they do exist, you want to reach out to a lawyer.
- Excellent. Well we appreciate the answers. And if you have any additional questions, just post them in the comment section below, John's agreed to get back to you with any of your questions.
- Yeah I'm happy to talk to anyone who's going through this unfortunate situation with these implants. You can call my office, Kelly Law Team, at 602-283-4122.
