MARSHALL - A Greg County woman has filed a lawsuit claiming that the mesh used to treat her stress incontinence resulted in complications and a second surgery.

Fay Cary and Lucius Cary filed suit against Ethicon Inc. on Sept. 19 in the Eastern District of Texas, Marshall Division.

On Sept. 19, 2011, Faye Cary was treated at Longview Regional Medical Center Hospital in Longview for stress incontinence and was implanted with Ethicon’s Gynecare TVT mesh.  She claims that her condition was not remedied by this procedure, but became subsequently worse. She required a second surgery in April 2012 to remedy complications from the first surgery, according to the lawsuit.

The defendant is accused of strict liability, negligence and breach of warranty.

The lawsuit is seeking an award of damages for medical expenses, physical impairment, loss of enjoyment of life, physical pain and mental anguish, loss of consortium, punitive damages, interest, court costs and attorney’s fees.

The plaintiffs are represented by Blake C. Erskine of Erskine & McMahon LLP in Longview and Dan Stroup of Dan Stroup PC in Longview. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00745

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