Attorneys sign up women with transvaginal mesh injuries with expectations that the manufacturers will settle the injured into ‘Tier like’ compensation.
Attorneys across the country continue to sign up women with injuries caused by transvaginal mesh with expectations that the manufacturers will settle the newly injured into ‘Tier like’ compensation with settlement numbers similar to before. Some settling attorneys in the previous litigation may also refer their newly signed clients to a firm that has yet to settle their ‘inventory’ of cases.
Greg Vigna, MD, JD, national pharmaceutical injury attorney, practicing physician, and Certified Life Care Planner adds caution to the above attorney business plan, “Since the Multidistrict Litigation in West Virginia has closed its doors to new cases on June 21, 2018, there is no longer a Short Form Complaint in place to allow for filing a case. The attorneys with newly injured women must either have a tolling agreement in place with the manufacturer that will prevent possible statute of limitations defense or file their case in State Court or Federal Court where there is jurisdiction. This will often require a local attorney to file the case along with a well written complaint that meets the requirements of the Court.”
“The attorneys with newly injured women must either have a tolling agreement or file their case in State Court or Federal Court where there is jurisdiction.” -Dr. Greg Vigna
Dr. Vigna adds, “Everything works out for an attorney with the ‘typical injury,’ like an erosion, but if you have a new injury resulting in disability from pudendal neuralgia, obturator neuralgia, or ilioinguinal neuralgia these firms may be exposed to claims of legal malpractice if they cannot settle the case, because without timely filing suit the statute of limitations may pass.”
Dr. Vigna is a California and Washington, DC lawyer who focuses on the neurological injuries caused by transvaginal mesh devices including pudendal neuralgia, obturator neuralgia, and complex regional pain syndrome; he works with national pharmaceutical injury attorneys to pursue justice for his clients and legal malpractice attorneys.
For TVM resources, or to find out more about Dr. Greg Vigna, visit: https://www.tvm.lifecare123.com/pudendal-portal.html