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Couple alleges mesh related injury in medical malpractice suit

A medical malpractice case that was initially filed at the state level has since been removed to federal court by the defendants. One of the defendants that participated in the removal is Johnson & Johnson, which cited diversity of citizenship as the reason for the demand. The medical malpractice claim involves the use of a possibly defective medical device and the adverse reaction that it apparently caused for one patient.

The trouble apparently began following multiple procedures in which transvaginal mesh was an integral part of the treatment. Transvaginal mesh, popularly used to treat patients who are suffering from pelvic organ prolapse both in California and across the country, was used to treat both pelvic prolapse and urinary incontinence in the patient. According to the suit, the mesh resulted in painful inflammatory responses in the patient. As a result, she apparently now suffers from ongoing and chronic pain and suffering.

Johnson & Johnson, Mentor Worldwide, Boston Scientific Sales and Boston Scientific Corporation were all named as defendants in the claim. However, the defendants did not agree that the case should be handled at the state level. Johnson & Johnson is technically a citizen of New Jersey while the other defendants are all citizens of Massachusetts and Delaware, which is the reason the request for removal was granted.

The victim and her husband are seeking compensation of at least $50,000. This is not an uncommon occurrence in medical malpractice suits in California. Any compensation that is ultimately awarded is typically meant to address all of the suffering that victims and their families undergo because of medical negligence including physical, emotional and financial damages.

Source:, "Case alleging transvaginal mesh procedure caused adverse reaction removed to federal court", Heather Isringhousen Gvillo, Feb. 6, 2015

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