Nash woman sues manufacturer of vaginal mesh for defects

Michelle Keahey, East Texas Bureau Jul. 30, 2012, 9:38am


TEXARKANA - A Nash woman has filed a lawsuit against the manufacturer of a vaginal mesh claiming the device was defective.

Linda Capps filed suit against Boston Scientific Corp. on July 26 in the Eastern District of Texas, Texarkana Division.

Capps was implanted with the Uphold mesh system made by Boston Scientific to treat pelvic organ prolapse.

She claims that the medical device is defective and has caused severe and permanent bodily injuries. These injuries include infections, incontinence, bleeding, extrusion, vaginal pressure and pain, mental and physical pain and suffering and economic losses.

According to the lawsuit, the material in the product is not inert and therefore reacts to human tissues, allowing infections to harbor.

The defendant is accused of strict liability, defective manufacture, defective design, marketing defect, and failure to warn, negligence, and breach of warranties.

The plaintiff is asking the court for an award of damages for in excess of $75,000, plus punitive damages, interest, attorney's fees, and court costs.

Capps is represented by Nicholas H. Patton of Patton, Tidwell & Schroeder LLP in Texarkana. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 5:12-cv-00072

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