The Vaginal Mesh has been destroying marriages across the country. The pain and agony has made intimacy a distant memory. Many marriages are disolving because of it. However, many husbands are suing along with their wives for lack or loss of consortium.
What is Loss of Consortium?
According to Wikepedia:
Loss of consortium
From Wikipedia, the free encyclopedia “Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. Loss of consortium arising from personal injuries was recognized under the English common law. For example in Baker v Bolton, (1808) 1 Camp 493, a man was permitted to recover for his loss of consortium while his wife languished after a carriage accident. However, once she died from her injuries, his right to recover for lost consortium ended. After the enactment of the Lord Campbell’s Act (9 and 10 Vic. c. 93) the English common law continued to prohibit recovery for loss of consortium resulting from the death of a victim. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages.
The action was originally paired in a Latin expression: “per quod servitium et consortium amisit,” translated as “in consequence of which he lost her society and services.” The relationship between husband and wife has, historically, been considered worthy of legal protection. The interest being protected under consortium, is that which the head of the household (father or husband) had in the physical integrity of his wife, children, or servants. The undertone of this action is that the husband had an unreciprocated proprietary interest in his wife. The deprivations identified include the economic contributions of the injured spouse to the household, care and affection, and sex. The action originated in the 18th century and was once available to a father against a man who was courting his daughter outside of marriage, on the grounds that the father had lost the consortium of his daughter’s household services because she was spending time with her beau.
Loss of consortium has been brought into the law as a cause of action by civil codes, for example, in Maine or into the common law by action of justices. Other jurisdictions view loss of consortium as an element of damages, not as an independent cause of action; in which case the claim must be brought under another tort. As an example, in suits brought under Washington State’s wrongful death statute, loss of consortium is an element of damages . While some jurisdictions only recognize spousal consortium (usually considered as sex) others recognize parental consortium (love and affection) as well allowing children to recover for the death or disability of a parent and vice versa.”
Below are a number of news bulletins where husbands have sued the manufacturers of the vaginal mesh products.
A Woman and Her Husband Sue Multiple Manufacturers For Her Vaginal Mesh Problems
Perry Larkin | July 25th, 2012 | Posted in Vaginal Mesh Lawsuits
According to the complaint drawn up by an Alabama woman and her husband’s vaginal mesh lawyer, she was implanted with products manufactured by Johnson & Johnson (J&J) and Ethicon, Inc. on February 6, 2008. She was later implanted with a product manufactured by Boston Scientific Corporation on November 8, 2010.
In the recent landmark case A jury awarded Scott $5 million and her husband $500,000, claiming the mesh has ruined their love life. It’s a landmark victory, the first of its kind in the country.
If you are experiencing severe complications from a vaginal mesh and you and your husband are both suffering as a result of this, You both may be able to sue for damages. Husbands can sue for loss of consortium.