On June 14, 2014, the Honorable Cheryl A. Eifert of the United States District Court for the Southern District of West Virginia issued a Pretrial Order requiring preservation of Explanted Mesh. This means that victims of defective surgical mesh products to treat pelvic organ prolapse and stress urinary incontinence must act now to preserve evidence.
In the law, if patients wish to pursue their rights for medical malpractice, products liability or other actions, the law imposes a duty to take all reasonable steps to preserve any evidence under the victim’s control. This concept in law is known as spoliation. In situations where the victim does not preserve such evidence and could have done so, the failure to provide such evidence could have an adverse effect on the case and even result in its eventual dismissal. This is why all victims of defective surgical mesh must act now.
Specifically, Judge Eifert required that all victims with defective surgical mesh products undertake reasonable steps to preserve the exposed mesh material and notify their lawyer of any planned or completed surgery. If the mesh is removed, the mesh victim must notify the healthcare facility that takes possession of the mesh at the time of its removal and that the mesh victim wishes to have the mesh returned or released to her. Should mesh victims not do so, it could have a serious adverse effect on her case.
If you or a loved one have been a victim of improperly designed, manufactured, marketed and sold defective mesh products, contact the law firm of Patberg Law Firm at (412) 232-3500 to learn your or your loved one’s rights as a surgical mesh victim.