FREE CASE EVALUATION: 1-800-632-1404
Tens of thousands of women receive a transvaginal mesh (TVM) device each and every year from numerous suppliers: American Medical Systems, C.R. Bard, Boston Scientific, Coloplast, and Johnson & Johnson / Ethicon. Thousands of women have been injured through no fault of their own, including vaginal erosion, pain, urinary problems, bleeding, infection and more. Our attorneys are representing women in all fifty states and Canada who have been injured. For a free case evaluation, call 1-800-632-1404.
We are honored to have two women on staff ready and willing to discuss the facts of your case with you as often as needed.
As attorneys that represent women that received transvaginal mesh devices that are deemed to be defective, we wanted to report to you that a Pennsylvania federal judge has refused to dismiss breach of express warranty and fraudulent misrepresentation claims brought against Ethicon, Inc. and Johnson and Johnson in connection with their prolene TM soft mesh, ruling a cause of action under state law. Nevertheless, in her order, Judge Jan E. DuBois of the United States District Court for the Eastern District of Pennsylvania dismissed Pennsylvania law state claims under strict liability reasoning that such claims are not permitted against a device maker based upon design defect or failure to warn.
Specifically as to the breach of express warranty claim, the Court noted that Pennsylvania federal courts are split as to whether a breach of express warranty is a viable cause of action against medical device makers. “While the reasoning of comment came and prevents certain warranties or promises from being implied by law, there is no basis for declining to enforce the contractual promise expressly and voluntarily made by a manufacturer of prescription drugs or devices,” the Judge explained. Additionally, the Court denied the motion to dismiss fraudulent misrepresentation claims, holding that “a seller of prescription drugs must not only warn of risks of which he reasonably should have knowledge but also risks of which he did, in fact, have knowledge.”
If you or a loved one have received a transvaginal mesh device and would like to speak to an attorney about making a claim, please contact us as soon as possible for a free case evaluation
We are accepting case evaluations nationwide and in Canada, as well (we work with a Canadian firm). Please do not hesitate or delay in contacating TVM / TVT Sling and transvaginal mesh attorneys :
CALL: 1-800-632-1404
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NOTE: Our team of attorneys will review potential cases for all fifty states, including Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.