If you've been hurt because of a faulty American Medical Systems (AMS) mesh or tape implant, you may be entitled to compensation. Our class action lawyers are investigating a class action against American Medical Systems, the manufacturers of the implants and American Medical Systems Medical Pty who supplied the implants in Australia.
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Common questions about American Medical Systems Mesh Class Action
The implants that we are investigating include:
- Perigee Prolapse Repair System;
- Apogee Vaginal Vault Prolapse Repair System;
- Elevate Prolapse Repair System;
- SPARC Self Fixating Sling System;
- Monarc Subfascial Hammock;
- MiniArc Single Incision Sling;
- MiniArc Precise Single Incision Sling;
- IntePro Y Mesh;
- IntePro AMS Large Pore Polypropylene Mesh;
- RetroArc Retropubic Sling System.
The AMS mesh implants are used to treat pelvic organ prolapse and stress urinary incontinence caused by weakened or damaged pelvic floor tissue.
It will be claimed that the implants were not fit for their purpose, were not of merchantable quality and were not safe as persons are generally entitled to expect, contravening the Trade Practices Act and Competition and Consumer Act 2010 (Cth). It will be alleged that AMS were negligent.
We are aware that there are other companies who manufacture polypropylene mesh and tape such as Boston Scientific. We are not investigating these implants or polypropylene mesh used in hernia repair.
If you have a Johnson and Johnson/ Ethicon mesh or tape implant, you may also have a claim for compensation. Shine lawyers have commenced a class action on 16 October, 2012 and can inform you of your rights. Information on this class action can be found by clicking here.
Many women have suffered complications because of the faulty mesh implants, including:
- Organ perforation
- Recurrent prolapse
- Recurrent stress urinary incontinence
- Vaginal scarring
- Painful/uncomfortable intercourse
- Urinary problems.
Mesh erosion, also known as mesh extrusion or exposure, occurs when the mesh erodes through the vaginal wall or into nearby organs.
The US Food and Drug Administration (FDA) issued an announcement on 20 October 2008 advising of the serious complications associated with surgical mesh placed through the vagina to treat pelvic organ prolapse.
On 13 July 2012 the FDA issued an update advising that the serious complications associated with transvaginal mesh for pelvic organ prolapse were not rare.
No. The products are still available on the Australian market.
You may be angry or disappointed in your doctor and feel that they should have known the mesh was defective. You may also feel that your doctor was slow to respond to the side-effects you were experiencing.
While these feelings are completely valid, legally they don’t amount to negligence on the part of your doctor.
Because of this, our legal team is investigating a claim against the manufacturers rather than the doctors who prescribed them.
You may be entitled to compensation, and if you are considered eligible for this then it will be assessed based on your injuries and whether they are ongoing.
However, you may be able to claim for:
- Pain and suffering as well as loss of enjoyment of life
- Past and future loss of earnings
- Loss of earning capacity
- Paid care and help such as nurses, gardeners, etc.
- Past and future medical expenses
- Out-of-pocket expenses.
The amount you will be able to claim will depend on the particular facts of your situation.
Once we have put together all of the evidence we should be able to give you a better idea of what to expect.
We work on a No Win No Fee basis and you’ll only pay our fees if you win your case at the end of the claim.
Your legal costs will be determined by the amount of work required to resolve your claim.
Currently, the firm is in the process of collecting evidence and registering the interest of women affected by these implants in participating in this potential action.
Please check the Shine website regularly for updates as to the progression of the matter.
Shine Lawyers have offices in the following locations. As part of our service offering, home or hospital appointments can be arranged at your convenience.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and bring forward a claim on your behalf. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in:
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