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Georgia Woman Misses 2-year Statute of Limitations on her Vaginal Mesh Lawsuit

Posted on February 10, 2012

As the Florida transvaginal mesh lawyers of Farah & Farah are talking to women who are experiencing complications from synthetic vaginal mesh, we realize we are sometimes hearing those stories too late. Here is a case in point.

A federal judge has just dismissed a lawsuit filed by a Georgia woman after it was determined her lawsuit against a vaginal mesh manufacturer was filed outside of the two-year statute of limitations in that state. The woman filed her lawsuit in July 2011. She had the Boston Scientific Pinnacle Pelvic Floor System implanted along with a Prefyx Pre-Pubic Sling in 2008 after a hysterectomy for pelvic reconstruction surgery.

By March 2009, she experienced transvaginal mesh complications, including having the mesh erode into her vagina. She experienced stress urinary incontinence and chronic pain. Her case was to be heard individually, not part of the larger classes that are consolidating. She alleged Boston Scientific was negligent in making a defective mesh product.

Unfortunately, her lawsuit was dismissed by Judge Thomas W. Thrash in the federal court for the Northern District of Georgia. Her deadline to file was March 2011, two years after she first experienced a problem. The judge decided there were not extenuating circumstances that would justify extending the deadline for this woman. The decision in this case does not affect the other cases being consolidated in Multidistrict Litigation (somewhat similar to a class action), but this woman has exhausted her options.

We are sorry to hear this. In Florida, the time period for beginning a personal injury claim is longer; however, when you first experience complications is subject to debate. Synthetic surgical mesh complications include: erosion, infections, pain and discomfort, and in some cases, an inability to move or walk.

Farah & Farah has a no-fee policy in taking your case until you receive a settlement. Let’s start the conversation at 1(800) 533-3555 so this doesn’t happen to you.

Source:http://law.justia.com/cases/federal/district-courts/georgia/gandce/1:2011cv03023/177794/12; http://www.statutes-of-limitations.com/state/florida