If a pelvic mesh implant has caused you pain, erosion, or repeat surgeries, Daspit Law Firm can review your situation and tell you plainly whether a claim may still be possible. We represent women in Fort Worth, Tarrant County, and nearby Parker, Johnson, and Denton counties in medical device cases. Consultations are free and confidential.
Mesh litigation has changed a great deal over the past decade. Many of the largest cases have settled or closed, so we will not promise that a claim is open for you. What we will do is look at your records, the product implanted, and the dates involved, then give you an honest answer. Call (888) 273-1045 any time, day or night.
Surgical mesh is a synthetic material, usually polypropylene, used to support weakened pelvic tissue. Surgeons have placed it through the vagina to treat pelvic organ prolapse (POP). A different mesh product, often called a midurethral sling, is used to treat stress urinary incontinence (SUI).
As reports of complications grew, the U.S. Food and Drug Administration issued safety communications and, in 2016, moved mesh for transvaginal POP repair into its highest risk device class. In April 2019, the FDA ordered the remaining manufacturers to stop selling and distributing mesh intended for transvaginal repair of POP. That order did not cover every mesh product. Slings for SUI and mesh placed abdominally for prolapse remain in use. You can read the agency's current guidance on the FDA urogynecologic surgical mesh page.
• Mesh erosion or exposure through the vaginal wall
• Chronic pelvic, groin, or leg pain
• Pain during intercourse
• Perforation of the bladder, bowel, or other organs
• Infection, bleeding, and scar tissue that tightens or shrinks the mesh
• Urinary problems, recurring prolapse, and revision or removal surgeries
Some symptoms appear years after the original surgery. Only a doctor can say whether mesh caused them, and a medical evaluation is the first step for both your health and any legal claim.
Most mesh claims are product cases against the company that designed, made, or sold the device. Texas law in Chapter 82 of the Civil Practice and Remedies Code governs these claims. Common theories include a design defect, a manufacturing defect, and a failure to warn patients and doctors about known risks. Our Fort Worth product liability lawyer page explains each theory in more depth.
Sometimes the question is the care itself, such as whether a surgeon explained the risks before using mesh or made an error during the procedure. Those claims fall under Texas health care liability law, which has its own strict rules. We cover them on our medical and pharmaceutical injury page.
Time limits are often the deciding issue in mesh cases today. Here is a general outline:
• Two-year statute of limitations: Texas generally allows two years to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code §16.003). In some product cases, a discovery rule may start the clock when you knew, or reasonably should have known, about the injury and its likely cause.
• 15-year statute of repose: Product claims are generally barred 15 years after the product was sold (§16.012), with narrow exceptions.
• Health care liability rules: Claims against doctors or hospitals under Chapter 74 have a separate two-year limit that usually runs from the date of treatment, require an expert report early in the case, and cap non-economic damages.
• Proportionate responsibility: Under Chapter 33, fault can be divided among parties, and a person found more than 50 percent responsible cannot recover.
Many mesh surgeries happened a decade or more ago, so the repose period matters. Have a lawyer check your dates before you assume a claim is either open or closed.
Thousands of women filed suits in federal multidistrict litigation (MDL) in West Virginia and in state courts around the country. Most of those federal MDLs have largely resolved through settlements and are no longer the path for new cases. Some individual claims still move forward, often involving newer surgeries, different products, or defendants other than the original manufacturer.
If you received a settlement notice, signed a release, or were part of an earlier case, keep those papers, because they affect what options remain. Our page on class action lawsuits in Fort Worth explains how mass claims like mesh differ from true class actions.
When a claim is viable, Texas law allows recovery of economic and non-economic damages. Depending on the facts, these can include:
• Past and future medical bills, including revision and removal surgeries
• Lost wages and reduced ability to work
• Physical pain and mental anguish
• Physical impairment and disfigurement
• Loss of consortium for a spouse, in qualifying cases
Exemplary damages require clear and convincing evidence of fraud, malice, or gross negligence under §41.003. Our article on what punitive damages are explains how Texas handles them.
• See a urogynecologist or your treating doctor and describe every symptom
• Request your operative report, which usually lists the device maker and product name
• Keep copies of medical bills, insurance statements, and records of missed work
• Save any letters about recalls, settlements, or earlier claims
• Avoid signing releases or giving recorded statements before you get advice
Women in North Texas often receive care at several places, such as JPS Health Network or Texas Health Harris Methodist Hospital Fort Worth, plus outside specialists. We can help gather records from every provider involved.
Founding attorney John Daspit worked as an insurance defense lawyer before representing injured people, and he worked on litigation arising from the BP Texas City refinery explosion. That background helps us understand how large companies and their insurers evaluate claims.
We handle injury cases on a contingency fee, so there is no fee unless we recover money for you. We offer free consultations 24/7, can meet at your home or in the hospital, and speak English and Spanish. This is a private medical matter, and we treat it with discretion. Mesh cases are one part of our wider Fort Worth personal injury practice.
If you are living with mesh complications, you deserve clear answers. Call (888) 273-1045 or schedule a free, confidential consultation. We will review your records and dates and tell you honestly where you stand. This page is general information, not legal or medical advice.
Possibly, but it depends on your dates and your device. Many federal mesh cases have resolved, and Texas time limits, including the two-year limitations period and the 15-year statute of repose, can bar older claims. A lawyer needs your surgery date, product details, and when your symptoms began to give you a reliable answer.
In April 2019, the FDA ordered manufacturers to stop selling and distributing surgical mesh intended for transvaginal repair of pelvic organ prolapse. It was an order to stop sales of those products, not a ban on every pelvic mesh. Midurethral slings used for stress urinary incontinence remain on the market.
No. Removal is a medical decision for you and your doctor, not a legal requirement. Some women have partial or full removal, while others manage symptoms without surgery. Medical records that describe your complications, treatment, and any revision procedures are what matter most when a lawyer evaluates a claim.
A prior settlement usually includes a release that limits further claims against that company. It may not cover a different product, a different defendant, or injuries outside its terms. Bring the settlement papers to your consultation so a lawyer can read the release language and explain what it does and does not cover.
Nothing. Daspit Law Firm offers free consultations, and if we take your injury case, we work on a contingency fee. You pay no attorney's fee unless we recover compensation for you. We explain the fee agreement in writing before you decide anything, so there are no surprises later.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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