"My husband and I waited about two months to have sex after surgery but he said that something inside me was scratching him," says Mary, age 61 (not her real name). "And I was in a lot of pain, like a gut punch during intercourse. I saw a gynecologist but she just prescribed some medication, like a lubrication. I had no idea how that would help but I tried it anyway. At that time my husband and I temporarily broke up so I didn't have sex until a few years later, in 2008. I should say, we tried to have sex—it hurt too much. Then I lost my job, which meant I no longer had health insurance. We didn't get back together until recently, and we tried to have sex for the first time in years just last week, but it was way too painful.
"I can understand how couples are getting divorced because of this transvaginal mesh, especially if they are younger. I know I needed medical treatment sooner, but I couldn't afford it; those two years without medical insurance really made this messy situation worse.
"I have an appointment with another gynecologist next week because I finally have insurance, but I don't know what can be done. Has this mesh eroded? Can the mesh be seen by a laparoscopy or an MRI? I have no idea how it can be investigated but I do know that I have a serious problem. And I know it has to be resolved sooner than later, hopefully while I have insurance.
"As for the statute of limitations, I have been told by one attorney that I waited too long to take action, but that is only because I didn't have insurance for two years. My real hope is that this transvaginal mesh can be removed, otherwise my sex life is over, forever. It is just too painful."
Some attorneys are looking at cases that have past the statute of limitations. There are a number of variables involved, one of which is determined by state. An experienced attorney, one who is specifically working with transvaginal mesh plaintiffs, can advise Mary. And an attorney can obtain Mary's medical records: so far she has been unable to find out whether she was implanted with a transvaginal mesh sling made by Johnson & Johnson—the most common of brands on the market—or another brand. Mary also wants to know how on earth a company such as Johnson & Johnson was able to get its TVM product on the market without long-term testing…
READ MORE TRANSVAGINAL MESH LEGAL NEWS
Nancy Feidler had the TVM implanted in 2006. Two years later the FDA issued a warning that transvaginal placement of mesh device systems, including Johnson & Johnson's TVM, could cause erosion of the material, infection, pain, urinary complications and recurrence of prolapse or incontinence. The lawsuit accuses Johnson & Johnson of negligence, strict products liability, breach of express and implied warranties, and fraudulent misrepresentation and loss of consortium. The Feidlers are asking for an award of damages for mental and physical pain and suffering, medical expenses, lost wages, and punitive and treble damages, along with attorney's fees, court costs and interest.