Henderson Co. woman sues doctor claiming complications from pelvic mesh

By Michelle Keahey, East Texas Bureau | Oct 16, 2013

TYLER - A Henderson County woman has filed a lawsuit that claims her doctor failed to warn her of the risks associated with implantation of pelvic mesh that was used to treat her stress urinary incontinence and pelvic organ prolapse.

Johnnie Manning filed suit against Dr. William Elfarr and mesh manufacturer C.R. Bard Inc. on Aug. 29 in Henderson County District Court. The defendants are removed to the Eastern District of Texas, Tyler Division on Oct. 9.

Manning was implanted with Bard’s pelvic mesh in order to treat stress urinary incontinence and pelvic organ prolapse.

According to the lawsuit, the product was promoted as “innovative, minimally invasive procedures with minimal local tissue reactions, minimal tissue trauma, and minimal pain while correcting stress urinary incontinence and pelvic organ prolapse.”

However Manning claims the mesh causes complications which include mesh erosion, mesh contraction, infection, inflammation, scar tissue, organ perforation, blood loss, nerve damage and pain, urinary and fecal incontinence and prolapse of organs.

Defendant C.R. Bard Inc. is accused of failing to use reasonable care in designing, manufacturing, marketing, labeling, packaging and selling the Pelvic Mesh Product.

Defendant  Dr. Elfarr is accused of failing to select and implant the proper medical device and proper medical procedure to treat Manning’s stress urinary incontinence and pelvic organ prolapse, failing to obtain Manning’s consent for treatment without properly informing her of the risks, and implanting the pelvic mesh product despite the fact that these products have high failure, injury and complication rates.

The defendants are accused of negligence, strict liability, design defect, manufacturing defect, failure to warn, breach of implied warranty and breach of express warranty.

The plaintiff is seeking an award of damages for physical pain and suffering, mental and emotional anguish and suffering, disfigurement and physical impairment, medical expenses, lost wages, loss of wage earning capacity, interest, court costs and exemplary damages.

Manning is represented by W. Michael Moreland, Clayton A. Clark and Scott A. Love of Clark Love & Hutson G.P. in Houston.

U.S. District Judge Leonard Davis is assigned to the case.

Case No. 6:13-cv-00757

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