When the Clock Strikes: Is It Too Late For You To File a Transvaginal Mesh Lawsuit?

By |January 8th, 2014|Pharmaceuticals|

Statute of limitations
Every week we get calls from women suffering from problems related to transvaginal mesh. Often they ask us, full of worry, "is it too late to take legal action?"

We hear things like:

"Is it too late to file a transvaginal mesh lawsuit? It has been several years since my transvaginal mesh revision surgery."

"I had the first surgery in 2007 and the second revision surgery in 2009, is it too late?"

"My problems didn’t start until a few months after the surgery. Does that mean I don’t have a case?"

We hear you. You are asking if it’s time to give up – before you have even started.

The answer is no. You probably have more time than you think to file a transvaginal mesh lawsuit. Certainly, don’t give up before you have talked to a qualified lawyer and allowed them to look at your potential case. Until you have spoken to a lawyer and have heard the real, hard facts about the legitimacy of you potential case, you should not quit.

The longer you wait to contact a lawyer for a consultation, the higher the likelihood that any deadline to file a lawsuit may pass.

Here’s how it works: each state has a different “statue of limitations” (otherwise known as that dreaded word "deadline") when it comes to defective products, including transvaginal mesh devices.

For most patients who contact us, they are surprised to find out that their state’s deadline is longer than they thought or that a “discovery rule” or other “tolling” of the statute may apply to their case. This is because the clock for transvaginal mesh lawsuits typically does not start running until patients start having problems, and these problems do not just "kick in" the day of the surgery. Instead, it can take months, even years, for the full extent of the injuries to unfold.

In some states judges have ruled that the "clock started ticking" not right after patients had their first transvaginal mesh surgery, but when patients started experiencing adverse symptoms related to their first transvaginal mesh surgery. Part of the reasoning is that some women were asked to wait to see if their symptoms subsided as their adverse symptoms were "normal" symptoms "typical" after the surgery.

It’s a good motto in life to never give up, and it couldn’t be more true when it comes to transvaginal mesh lawsuits. Because just as we need your help in righting the wrongs done by transvaginal mesh, you need our help – or another law firm qualified to review potential cases in the complicated area of pharmaceuticals. You can decide whether or not you want to pursue a lawsuit after you contact a qualified lawyer and they give you the go ahead; but you can’t wait until "you’re ready," our "until the time is right," or until "you’re less stressed at work," because, by that time, you might not be able to do anything about it at all. And that’s a crying shame, because you deserve better.

To contact one of our transvaginal mesh lawyers for a free and confidential consult of your potential transvaginal mesh lawsuit case, please email womenshealth@baronbudd.com or call 1.866.482.9108.