The Vaginal Mesh Helpline understands that as a victim of a failed vaginal mesh you want justice. You are depending on your vaginal mesh lawyer to file all the paperwork. You are not legally versed in these matters. But, it can be helpful to understand your vaginal mesh lawsuit so that you can ask questions and get answers.
What Are The Basis Of The Vaginal Mesh Lawsuits
Specific causes of action for the vaginal mesh lawsuits include:
Strict products liability – failure to warn
Product liability is the area of law in which the vaginal mesh manufacturers who make medical and surgical products available to the public are held responsible for the injuries those products cause.
Vaginal mesh victims claim that manufacturers failed to adequately warn the public of potential side effects and complications.
Strict products liability – design defect
Design defects occur where the product design is inherently dangerous and defective and the risks of the product outweigh its benefits. Under strict liability the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.
A claim in negligence is based on the assumption that the manufacturer owes a duty of care to all those who can reasonably be expected to make use of its product. In the case of ‘dangerous’ products such as those which, if defective, could cause extensive harm this duty may be owed to anybody who may reasonably be affected by a defect in the product.
Manufacturer Breach of implied warranty
Every time goods are bought and sold, a sales contract is created
Manufacturer Breach of express warranty
An express warranty is a verbal or written statement that guarantees that a product is of a certain quality or will work in a certain way or for a certain amount of time.
Manufacturer Deceit by concealment
Whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed. The manufacturers deceived and intended to deceive the women so that they will act upon it.
A manufacturer of a product did not directly lie (say something you KNOW to be false), but made a representation about then mesh while having no reasonable reasons for believing it to be true.