MARSHALL - A Texarkana woman has filed a lawsuit claiming that the vaginal mesh used in her surgery was defective and caused her further medical problems.
Sally H. York filed suit against Ethicon Inc. on Oct. 17 in the Eastern District of Texas, Marshall Division.
York was treated at Christus St. Michael Health System in Texarkana on Dec. 27, 2010, for a diagnosis of cystocele, rectocele and vault prolapse with the use of a “Gynecare Prosima” implantable vaginal mesh.
According to the lawsuit, her medical conditions were not remedied by this procedure but she became physical worse. York began to suffer from chronic urine leakage and other physical problems.
The defendant is accused of strict liability, negligence, and breach of warranty for defective design, manufacturing defect, failure to warn, breach of express and implied warranties.
The plaintiff is asking the court for an award of damages for physical pain and suffering, mental anguish, emotional distress, disability, physical impairment, embarrassment, loss of enjoyment of life, loss of earning capacity, medical expenses, attorney fees, court costs and interest.
York is represented by Dan Stroup of Dan Stroup PC in Longview and Blake C. Erskine of Erskine & McMahon in Longview. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00670