SPOUSES: THE OTHER VICTIMS OF TRANSVAGINAL MESH
Much of the focus of“transvaginal mesh” litigation concerns the injuries to the patient, or recipient of the mesh implant. Sometimes, lawful spouses of patients injured as a result of defective transvaginal mesh implants may see recovery for their own injuries.
Indeed, these spouses may experience injuries and damages as the complications from the mesh implant interfere with the companionship and services once shared with the patient-spouse. For example, many transvaginal mesh plaintiffs suffer complications and side effects including erosion (where the mesh cuts through the vaginal wall and surrounding tissues), pain, scarring, continued/recurrent prolapse, fistulas, and a myriad of other horrific, life-altering issues which make sexual intercourse for couples painful or impossible.
In California, the spouse of a victim of negligence may recover under a theory known as “loss of consortium”, for his or her “loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support; and….the enjoyment of sexual relations [or the ability to have children].” California Civil Jury Instructions, No. 3920.
Because a single set of facts or circumstances can give rise to multiple types of litigation or claims, it is important to consult with an experienced attorney to develop of course of action that will maximize your ability to fully recover for your injuries. At the law firm of Heiting & Irwin, our attorneys have over 100 years combined experience representing the interests of people who have been harmed by the actions of others. We offer free consultations, a warm and inviting office, and a friendly staff to anyone interested in speaking about a potential legal matter. If you would like to speak with someone about your circumstances, please call our office at (951) 682-6400 for a free consultation.