Parker Waichman Alonso LLP Continues to Lead the Fight for Victims of the Mentor ObTape
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Mentor Corporation's Silence in the Face of a Growing Tide of Adverse Events may Open the Courthouse Door to Many Injured Women Who Would Otherwise be Denied GREAT NECK, N.Y.--(Business Wire)-- Parker Waichman Alonso LLP, a national law firm dedicated to protecting victims' rights, is leading the charge in California Superior Court on behalf of women injured by the Mentor ObTape Vaginal Sling. Parker Waichman Alonso currently has five lawsuits pending before the court in Santa Barbara. In an order dated March 30, 2010, the California Superior Court denied Mentor Corporation`s motions to dismiss in four of the lawsuits brought by Parker Waichman Alonso. Of critical importance was the Court`s refusal to dismiss two of the cases on statute of limitations grounds. In rejecting Mentor's position that the plaintiffs` claims were time barred, the Court found that there are disputed facts as to whether Mentor concealed the danger of ObTape from plaintiffs' doctors. Plaintiffs have alleged Mentor knew as early as 2003, long before the plaintiffs` were implanted with ObTape, that its true erosion rate was much higher than the .21% touted by its representatives to physicians. Therefore, the plaintiffs could not have known that their injuries were due to Mentor`s wrongdoing at the time their ObTapes were removed in 2004 and 2005. They were not suspect until 2008, when, for the first time, they learned that ObTape had an alarmingly high rate of erosion. In a study recently released at the end of 2009, further supporting the claims in the lawsuits, it was estimated that approximately 1 in 5 patients who were implanted with ObTape would suffer a complication in which the device would erode through their vagina. While this study, along with others that were published just as Mentor decided to remove the product from the market, estimate alarmingly high rates of injury, Mentor (now owned by Johnson and Johnson) has never advised the patients or their physicians of these increased dangers. "The decision in these cases may open the courthouse door to many injured women who would otherwise be denied," said Andres Alonso, a partner of Parker Waichman Alonso LLP. "Given that 16,000 Mentor ObTape slings were sold in the three years the device was on the market, the lawsuits currently filed are only the tip of the iceberg." The Mentor ObTape is a transobturator vaginal sling, which was used in thousands of women between 2003 and 2006 to surgically treat Stress Urinary Incontinence (SUI). The Mentor ObTape was made with a "nonwoven," "small pore" design, which has been found to slow tissue integration, leading to debilitating side effects. Women implanted with the Mentor ObTape have suffered severe pain, vaginal extrusions, urinary tract erosions and infections. Some estimates have suggested complication rates in excess of seventeen (17) percent. In too many cases women were forced to undergo multiple surgical procedures to remove tape segments, which had failed to properly integrate into the surrounding tissue. Often times tape removal did not provide victims with complete relief. Even after complete removal of the tape, some women have been left with permanent and debilitating injuries. Though never formally recalled, sales of the Mentor ObTape ended abruptly in 2006, a short three years after its introduction to the U.S. market. In 2008, all Mentor ObTape lawsuits that were pending in federal court were consolidated in a multidistrict litigation (MDL) in the U.S. District Court for the Middle District of Georgia before the Honorable Judge Clay D. Land. The first MDL trial is scheduled to begin in June, and Judge Land has already ruled that four cases in the multidistrict litigation will be tried at once. Prior to filing several cases in the MDL, Parker Waichman Alonso filed many of its cases in Superior Court in California, where Mentor is headquartered. The California court has ruled that four of the Mentor ObTape lawsuits brought by Parker Waichman Alonso will be tried in succession beginning on April 27, 2010. The firm expects the fifth to be added to the trial list soon given that the issues are identical. Parker Waichman Alonso continues to offer free consultations to the victims of the Mentor ObTape. If you or a loved one suffered or continues to suffer painful and debilitating injuries because of the Mentor ObTape, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636). About Parker Waichman Alonso LLP Parker Waichman Alonso LLP is a leading personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York, New Jersey and Florida. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective medical devices, drugs and other products. For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636). Parker Waichman Alonso LLP David Krangle, Esq. 800-LAW-INFO 800-529-4636 www.yourlawyer.com Copyright Business Wire 2010
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