There is a basis of physician malpractice for merely selecting a full-length transobturator sling or minisling that inserts into the obturator internus muscle.

“We represent women with serious neurological injuries from retropubic slings. Our position is that full-length heavy-weight polypropylene retropubic are unreasonably dangerous and there are safer alternative synthetic designs that would substantially reduce the risk of ilioinguinal neuralgia and pudendal neuralgia.” states Greg Vigna, MD, JD.

Justice Traynor in Escola v. Coca-Cola Bottling Co. (1944) wrote: “Public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market. It is evident that the manufacturer can anticipate some hazards and guard against the recurrence of others, as the public cannot. Those who suffer injury from defective products are unprepared to meet its consequences. The cost of an injury and the loss of time or health may be an overwhelming misfortune to the person injured, and a needless one, for the risk of injury can be insured by the manufacturer and distributed among the public as a cost of doing business.”

“Our position is that full-length heavy-weight polypropylene retropubic are unreasonably dangerous and there are safer alternative synthetic designs that would substantially reduce the risk…” — Greg Vigna, M.D., J.D.

Dr. Vigna, national pharmaceutical injury attorney, practicing physician, and Certified Life Care Planner states, “We represent women with the protype retropubic sling neurological injuries that include both ilioinguinal and pudendal neuralgia caused by Ethicon’s TVT Exact, Boston Scientific Lynx, and the Boston Scientific Advantage Fit retropubic sling. Retropubic sling neurological injuries are every bit as injured and disabled as those with neuralgia caused by transobturator slings.”

Dr. Vigna adds, “The American Urogynecological Society (AUGS) has recognized the catastrophic pain syndromes including pudendal, obturator, and ilioinguinal neuralgia caused by the arms of transobturator and retropubic slings in the 2020 Joint Position Statement on the Management of Mesh-Related Complications for the FPMRS Specialist. To date, Boston Scientific, Ethicon, and Coloplast have not warned of these specific diagnoses in their Instructions for Use and to date have not produced a synthetic design that will reduce the known risk of neurological pain syndromes from the arms of a heavy-weight polypropylene mid-urethral sling despite feasible alternatives.”

Dr. Vigna concludes, “Clearly the 2019 Position Statement by the National Institute for Health and Care Excellence in England (NICE) supports my law firm’s position that there is a basis of physician malpractice for merely selecting a full-length transobturator sling or minisling that inserts into the obturator internus muscle as NICE’s position is ‘Do not offer a transobturator approach unless there are specific clinical circumstances in which a retropubic sling approach should be avoided’ and ‘Do not use… single-incision sub-urethral short mesh sling insertion except as part of a clinical trial’.”

The Vigna Law Group targets the below transobturator (TOT) slings and mini-slings that cause pudendal and obturator neuralgia:

  • Ethicon: TVT-O, Abbrevo
  • Boston Scientific: Obtryx, Solyx
  • Coloplast: Aris, Altis

The Vigna Law Group targets the below retropubic slings that cause ilioinguinal neuralgia, pudendal neuralgia, and Complex Regional Pain Syndrome:

  • Ethicon: TVT, TVT-Exact
  • Boston Scientific: Advantage Fit, Lynx
  • Coloplast: Supris

Dr. Vigna is a California and Washington DC lawyer with Martin Baughman, PLLC, a national pharmaceutical injury law firm in Dallas, focus on the neurological injuries caused by transvaginal mesh devices including pudendal neuralgia, obturator neuralgia, ilioinguinal neuralgia, and Complex Regional Pain Syndrome.

Learn more on the anatomical basis for TOT injury or irritation to the obturator and pudendal nerve and the treatments of obturator and pudendal neuralgia and read a FREE BOOK on Vaginal Mesh Pain. Click the link for Podcast from the Vigna Law Group: https://vignalawgroup.com/news/podcasts/.
For articles, video resources, and information visit the Pudendal Neuralgia Educational Portal or https://tvm.lifecare123.com/.
Visit https://tvm.lifecare123.com/slingebook.html for information regarding sling related complications.

References:
https://www.augs.org/assets/1/6/Joint_Position_Statement_on_the_Management_of.99428.pdf
https://www.nice.org.uk/guidance/ng123/resources/urinary-incontinence-and-pelvic-organ-prolapse-in-women-management-pdf-66141657205189

Greg Vigna, MD, JD
Vigna Law Group
+1 800-761-9206
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