Local

Winnipeg Free Press - PRINT EDITION

Woman sues over medical device

Says vaginal implant causes constant pain

By: Aldo Santin

Posted: 10/1/2012 1:00 AM | Last Modified: 10/18/2012 4:14 PM | Updates

A Winnipeg woman is suing the manufacturers of a medical device for $5 million, alleging the device implanted in her 10 years ago is defective and deteriorating inside her body but can't be removed.

The woman is one of dozens of women across Canada and the United States who are suing manufacturers of a device known as a transvaginal mesh -- originally promoted as a simple, safe solution to incontinence but has since turned into a nightmare.

The device was originally designed to contain hernias but never tested for placement in vaginas. The device has buried itself in the vaginal tissue and doctors are unable to remove it.

The woman says she is in constant pain, intimacy is painful and unbearable, and she suffers from anxiety, depression and incontinence.

"It's a complete nightmare," lawyer Paul Miller, of the Toronto firm Will Davidson LLP, said of the woman's situation.

The woman is suing Covidien and Tyco Healthcare Group Canada ULC, asking the court to award her $5 million in punitive and aggravated damages, and unspecified general and special damages.

The allegations have not been proven in court. Statements of defence have not been filed.

Miller said the woman did not want to be interviewed.

Along with the two companies named in the the woman suit, Miller said he represents about 130 women suing other medical-device manufacturers, including Johnson & Johnson and American Medical Systems. He said there are about 40 manufacturers worldwide who make a transvaginal mesh similar to the one implanted in the woman.

Miller said the mesh is made of polypropylene, which is made from waste petroleum byproducts.

After being used for hernia applications, Miller said it was then adapted, without testing, for pelvic and uterus insertions.

Miller said the polypropylene was inert and stable when used for hernias, but breaks down when inserted in the uterus. He said the device can't be removed because it grows into the tissue, even as it's deteriorating.

"The mesh is eroding through the vaginal wall," Miller said. "Sex is impossible for women because the pain is too severe. We have a number of clients whose partners have been cut by the mesh during intercourse.

"We have (clients) who've had the mesh erode and migrate through their bodies and have perforated their bladder or bowel."

In her statement of claim, the woman said she has "experienced significant physical, psychological and emotional pain and suffering, undergone surgeries and hospitalizations, and has sustained permanent and debilitating injuries."

The woman states she has "been unable to participate in employment, athletic, recreational, social and household activities... and unable to work due to pain and complications."

No date has been set for the trial.

aldo.santin@freepress.mb.ca

Republished from the Winnipeg Free Press print edition October 1, 2012 B4

History

Updated on Thursday, October 18, 2012 at 4:14 PM CDT: Removes name of plaintiff.

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories? Please use the form below and let us know.

* Required

In which story did you find the error? *
Please post the headline of the story or the title of the video with the error.
What was the error? *
Please post exactly what was wrong with the story.
What should we have written?
Please indicate your source for the correct information.
Who else should we interview to improve this story?
Please include any contact information you may have.
Can we contact you in the future for advice on stories about this topic?
Yes

No
First Name: *
Last Name: *
E–mail Address: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Phone: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Colour:
Are you blue? If you can see this, leave it blank and get some CSS support.
Enter the words that you see: * This is to prevent our forms from being filled out automatically.
You have failed to correctly identify the words in the box above. Please try again.