Mass Torts 101: How Transvaginal Mesh Victims Are Fighting for Justice

When companies manufacture, distribute and market products that cause harm such as transvaginal mesh, injured victims and their families can take the case to the court system for recourse.

A hurt person can bring an action known as a tort to obtain compensation for damages. A tort is a type of civil action, as opposed to a criminal action. The person who sues is known as the plaintiff, and the company or person being sued is known as the defendant. In general, for a tort to succeed, three basic things must be true.

1. First of all, someone suffered an injury that led to costs. For instance, if a woman had to be hospitalized for bleeding caused by a damaged or defective transvaginal mesh product, the court would definitely consider the victim “injured.”
2. Some person or entity (like a company, such as Johnson & Johnson or Boston Scientific) directly or indirectly caused that injury as a result of negligence, carelessness or other wrongdoing.
3. The entity responsible has money to pay for the damages. A source of funds is important. By contrast, imagine a situation in which a drunk driver with no insurance or assets causes a serious car wreck. A lawsuit might not be feasible if the driver has no way to provide any compensation. In transvaginal mesh cases, however, this last constraint is usually not a problem, considering that companies like Johnson & Johnson have many billions of dollars.

Next time we will discuss the difference between a tort and a mass tort.

As you can see there are many significant factors that go into a transvaginal mesh injury claim and why it is imperative that you hire a legal team that has the experience, knowledge and support that you and your family need in order to receive the benefits that you deserve.

Know that you are not alone and our experienced attorneys are here to help. Call 1-855-423-3666 for a free and confidential case evaluation.

And for more information regarding the harm of transvaginal mesh implants download a copy of our free E-book, Transvaginal Mesh Lawsuits: What You Need to Know If You Have Suffered Harm from Vaginal Mesh Implants. Be sure to check back each week for more blogs regarding transvaginal mesh injury and what we can do to help.