The Vaginal Mesh Helpline and vaginal mesh lawyers warn that is is imperative to file your vaginal mesh lawsuit right away. There is a statute of limitations in every state and you do not want to miss out. You must see a physician immediately to secure your legal rights in the vaginal mesh lawsuits. But, there is no need to wait. If you miss your state's filing deadline you can miss out. The mesh has caused you pain and suffering. Do not miss out like this poor Georgia woman.
A federal judge has just dismissed a lawsuit filed by a Georgia woman after it was determined her lawsuit against a vaginal mesh manufacturer was filed outside of the two-year statute of limitations in that state. The woman filed her lawsuit in July 2011. She had the Boston Scientific Pinnacle Pelvic Floor System implanted along with a Prefyx Pre-Pubic Sling in 2008 after a hysterectomy for pelvic reconstruction surgery.
By March 2009, she experienced transvaginal mesh complications, including having the mesh erode into her vagina. She experienced stress urinary incontinence and chronic pain. Her case was to be heard individually, not part of the larger classes that are consolidating. She alleged Boston Scientific was negligent in making a defective mesh product.
Unfortunately, her lawsuit was dismissed by Judge Thomas W. Thrash in the federal court for the Northern District of Georgia. Her deadline to file was March 2011, two years after she first experienced a problem. The judge decided there were not extenuating circumstances that would justify extending the deadline for this woman. The decision in this case does not affect the other cases being consolidated in Multidistrict Litigation (somewhat similar to a class action), but this woman has exhausted her options.
The Vaginal Mesh Helpline is very concerned about this poor woman. In some instances the cases can be moved to the state of the manufacturer but, that is always a long shot. The Prolene vaginal mesh causes very severe complications including:
- Erosion into the vagina, bowel of bladder
- Relentless infections
- Razor blade like pain
- An inability to walk, work and take part in the activities you once loved to do.
- Inability to have intimate relations
- Lower back pain
- Bowel discomfort
- neurological impingement
- Increased urinary or bowel incontinence or
- Inabilty to void easily and need for self catherization
- Patch bleeding
The Vaginal Mesh Has Caused Life Changing Events :
- Women have lost their jobs
- Women have lost their marriages, fiances and male companions.
- Women have suffered severe psycholgical stress and in some cases thoughts of suicide.
- You no longer trust the Doctor you have relied on and in many cases Doctors in general.
- Many women tell us they no longer trust anyone.
- Mass solicitation by lawyers, email blasts and text messages have made you feel like a target.
- Many Grandmas have lost the ability to enjoy their grandchildren like they once did.
- Many senior women in their 80's feel like their life is over. Many younger women are feeling like this as well.
- Now there is an Inability to partake of things you once enjoyed and considered a part of your daily life.
Many husbands are sueing along with the spouse for loss of consortorium. Marriages have been effected and whole families are suffering. You must take a stand and protect not only your rights, but also all women. Doctors are still implanting the vaginal mesh today after all the warnings and posted side effects. We must send a message the manufacturers who put profits over people and see women as a profict center.
When Does the Time Limit Start To Run?
In some defective product cases, determining when the time limit starts to run is fairly straightforward. For example, if your finger is sliced off by a defective electric carving knife, and in your state the statute of limitations for product liability claims is two years, you must bring your lawsuit within two years from the day you lost your finger.
But some types of injuries are more difficult to detect, and may not be discovered until months or even years after the injury actually occurs. For example, if your lungs are injured by inhaling fumes from a defective chemical product you used, you may not discover your injury until you develop lung inflammation many months or even years later. In such cases, the issue of when exactly the statute of limitations (or time limit) began to run may be crucially important to whether you can still file a defective product claim or if you've missed the deadline.In some states, the statute of limitations begins to run when the injury actually occurs. This can have harsh consequences if the injured person doesn't discover the injury until after the statute of limitations has already expired.
When the Injury is Discovered
In many states, the statute of limitations begins to run only when the injured person discovers (or should have discovered) the injury. For example, let's say you were injured by inhaling fumes from a defective chemical product and you discovered your injury years later when your doctor diagnosed you with lung damage. In a state with an injury-discovery rule, the time limit on your defective product claim would begin to run on the date of your lung damage diagnosis (that is, when you discovered your injury), not when you inhaled the noxious fumes (in other words, when the injury actually occurred).
In these states the statute of limitation can begin to run when the injured person should have discovered the injury. The "should have discovered" part of this rule means that the deadline may start to run even though you do not actually know you have been injured. For example, in the lung injury hypothetical mentioned above, let's say you develop a terrible cough but delay going to a doctor for several months. A court might decide that the statute of limitations started to run when you developed the cough, as opposed to when you finally went to the doctor, because you should have discovered your injury when you first developed the mesh erosion
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