Products liability claim filed against local healthcare product provider and Johnson & Johnson over mesh

By Kyle Barnett | Dec 22, 2012


Anthony D. Irpino

GRETNA – A local urology healthcare product company and a national health care product manufacturer are being sued by a woman who received a defective transvaginal sling implant that allegedly caused injuries.

Peggy Douglas, and husband Oscar Lee Nugent, filed suit against Ethicon, Inc., Ethicon Women’s Health and Urology, Gynecare and Johnson & Johnson in the 24th Judicial District Court on Nov. 1.

Douglas claims that she underwent surgery in 2008 to repair a fallen bladder and that in that surgery a transvaginal sling designed to hold up her bladder was installed. The plaintiff alleges that she suffered severe abdominal pain following the surgery and that a subsequent surgery in 2009 meant to alleviate the pain did not work causing her to experience further complications. Douglas asserts she was informed by her doctor in 2012 that the tranvaginal sling that was implanted had perforated her vagina and eroded the vaginal tissue.

After yet another surgery to repair the damage the plaintiff claims she was informed the problem was not entirely resolved and she will have to undergo another surgical procedure. In 2011 the Federal Drug Administration reportedly found the transvaginal mesh implantation does not improve symptomatic results or quality of life over traditional non-mesh repair.

The defendant is accused of producing a defective product that caused damages to the plaintiff, deviating from manufacturer’s specification in product implantation, providing an implant unreasonably dangerous in design, failing to provide adequate warning of the defects in the product and permitting the devices to be advertised and sold despite defects,

An unspecified amount in damages is sought for mental pain and suffering, physical pain and suffering, medical expenses, inconvenience, lost wages and benefits, loss of earning capacity, loss of enjoyment of life, permanent disability, loss of love and companionship and medical monitoring.

Douglas is represented by New Orleans-based attorney Anthony D. Irpino.

The case has been assigned to Division N Judge Hans J. Liljeberg.

Case no. 720-701.

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