Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Medico-Legal News

As a Texas medical doctor and Fosamax femur fracture injury Attorney, I am fielding many calls from concerned plaintiffs regarding their side effects from using Fosamax and similar drugs. We are providing the following update and commentary.

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A FDA advisory committee wants the agency to limit the duration of bisphosphonate therapy for treatment of osteoporosis. This year, the FDA required that all bisphosphonates used to prevent or treat osteoporosis warn on their labels that optimal duration of use hasn’t been determined. The issue has become concerning to the FDA as reports have emerged linking long-time bisphosphonate therapy with increased risk of atypical fractures.

The Advisory Committee for Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committee met to discuss whether emerging reports of adverse events should cause the FDA to change the label to indicate that the drug not be used long term. The medical advisers did not press the issue as strongly as the F.D.A. staff itself did in a 45-page report issued on Wednesday. The staff report said studies “suggest no significant advantage of continuing drug therapy beyond five years.”

As a Texas medical doctor and Medical Malpractice attorney, I am providing this case law update and commentary.

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As part of Texas’s tort reform laws, enacted by the Texas legislature in 2003, one of the requirements in order to file a medical malpractice claim, was the furnishing of a medical expert’s report within 120 days of filing the lawsuit.The 5th District Court of Appeals says that the legislation serves the state’s interest in preventing frivolous medical liability lawsuits and related health care system costs. This medical expert report requirement is also known as the Texas’ certificate-of-merit law, and is similar to many other states’ medical malpractice reform.

Recently Texas’ certificate-of-merit law passed another constitutional challenge after the 5th District Court of Appeals validated the requirement for plaintiffs to file an expert report demonstrating the merits of a medical liability case.

As a Texas medical doctor and Transvaginal Mesh Attorney I am providing this information and commentary.

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11.6% of women who undergo surgery with transvaginal placement of Ethicon Gynecare Prolift Mesh for repair of pelvic organ prolapse (POP) have to undergo additional operations due to post operative complications.

This complication rate was found as a result of a new study, published by the American Journal of Obstetrics and Gynecology. Most of the re-operations were due to urinary incontinence that occurred after the mesh was implanted, with other problems including transvaginal mesh complications and prolapse recurrence.

Researchers reviewed the outcomes for 524 patients who received the Ethicon Gynecare Prolift vaginal mesh over a 4 year period. At a follow up of 38 months, 11.6% had to undergo reoperation after receiving the Prolift Mesh for pelvic organ prolapse. Over 50% of those reoperations were due to urinary incontinence, More than 25% due to mesh-related complications and more than 25% due to recurring prolapse. The researchers found that the number of mesh-related complications and POP decreased when experienced medical teams implanted the mesh.

The Gyncare Prolift Total, Anterior and Posterior Pelvic Floor Repair Systems was first introduced in September 2005, and Gynecare Prolift+M variations were introduced in May 2008. The vaginal mesh or bladder sling is designed reinforce weakened or damaged tissue on the pelvic floor that hold organs in place, such as the bladder, the uterus and the rectum.

Recently, the FDA issued a warning about the risk of problems with Ethicon Gynecare vaginal mesh and other similar products used for pelvic organ prolapse. The agency declared that transvaginal surgical mesh for pelvic organ prolapse does not provide any benefit over other means of treatment, and has been associated with hundreds of reports of serious problems.

Between 2008 and 2010, the FDA received more than 1,500 reports of transvaginal mesh problems after pelvic organ prolapse repair surgery, including erosion of the mesh into the vagina, contraction or shrinkage of the mesh, infection, pelvic pain, urinary problems, vaginal scarring among other complications.

A number of Gynecare Prolift mesh lawsuits have been filed against Ethicon, Inc., which is a subsidiary of Johnson & Johnson. At least 400 complaints have been filed in New Jersey state court over the Prolift mesh and other similar vaginal bladder sling products made by Ethicon, such as Gynemesh, Prolene Mesh and TVT slings.

In addition to Ethicon vaginal mesh products, problems have also been associated with slings sold by American Medical Systems (AMS), Boston Scientific, C.R. Bard and other companies. Transvaginal mesh lawyers are also reviewing potential claims against manufacturers of these products for women who experienced problems with surgical mesh for pelvic organ prolapse repair.

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As a Texas medical doctor and Dallas Hydraulic Fracking Attorney I am providing this information and commentary.

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The EPA is prohibited from regulating hydraulic fracturing under the Safe Drinking Water Act. On July 28, 2011, the EPA proposed federal regulations to reduce smog-forming pollutants released by the hydraulic fracturing approach to gas drilling.

According to the EPA, If approved, the rules would amount to the first national standards for fracking of any kind. The agency sets guidelines when companies inject fluids underground, but in 2005 Congress prohibited the EPA from doing so for fracking. Regulation has been left to the states, some of which compel companies to report what chemicals they use and have imposed tougher well-design standards.

The new EPA proposal would limit emissions released during the stages of natural gas production and development, and targets the volatile organic compounds released in large quantities when wells are fracked. According to the EPA, drillers would have to use equipment that captures these gases. According to environmental experts, the proposed rules represent a step by federal regulators amid a growing controversy over fracking’s safety.

The American Petroleum Institute, the country’s main oil and gas lobbying group, has requested that the EPA delay finalizing the rules for at least six months beyond the current Feb. 2012 deadline.

The Marcellus Shale Coalition, a group representing gas drillers in the Northeast, issued a statement criticizing the proposed regulations, saying they would “undercut” gas production.

The EPA proposal is the result of a successful 2009 lawsuit brought against the agency by WildEarth Guardians and another advocacy group alleging that the agency had not updated air-quality rules as required. The EPA is supposed to review such rules at least every eight years, but in some cases had not done so for 10 years or more.

According to Jeremy Nichols, the climate and energy program director for WildEarth Guardians, hydraulic fracturing is a major source of emissions because when fluids used to frack a well return to the surface, they carry gases that can be vented into the air. In fracking’s case the soupy return contains methane, volatile organic compounds and toxic chemicals such as benzene, which generally spray into the environment. In some gas drilling areas, where emissions from drilling are particularly high, they no longer meet federal air quality standards.

The EPA proposal also calls for reducing emissions of toxic chemicals, such as cancer-causing benzene, produced by processing, transmitting and storing natural gas. Some environmentalist experts were disappointed that the proposed rules do not target methane, a potent greenhouse gas that is also the primary ingredient of natural gas. The oil and gas sector accounts for nearly 40 percent of all methane emissions nationwide, according to the EPA.

Click here. Drilling Regulatory Staffing in Your State. Search for how many wells have been drilled and how many gas regulators are in your state.

Click here. Graphics: What is Hydraulic Fracturing? Anatomy of a Gas Well

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As a Texas medical doctor and Yaz Side Effect Product Liability attorney, I am providing this litigation update regarding the increased discovery that has been allowed in the federal MDL.

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NON-BELLWETHER CASE-SPECIFIC DISCOVERY.

The judge presiding over all federal Yaz lawsuits and Yasmin lawsuits has expanded the scope of discovery in the litigation beyond the selected bellwether cases. According to Judge Herndon’s most recent order, “… This matter is before the Court for case management. The Court is in the process of compiling a list of the the “oldest 100 non-bellwether” cases. Thus, a list identifying the 100 member actions that will be subject to core, case-specific discovery pursuant to Doc. [1866] will be forthcoming…”

In essence the Court is allowing case-specific discovery to move forward in up to 100 other cases filed on behalf of women who allege that side effects of the Bayer birth control pills caused them to suffer injuries. The Court has expanded the scope of discovery beyond the 24 cases selected last year to serve as a pool of bellwether lawsuits. Case-specific discovery, including depositions of individual plaintiffs, will also now be permitted in the oldest 100 non-bellwether cases that have been filed.

About 6,350 lawsuits are now consolidated as part of the Yasmin and Yaz litigation in the U.S. District Court for the Southern District of Illinois and the number of cases is expected to only increase as Yaz, Yasmin and Ocella lawyers file additional cases.

All of the suits involve claims that Bayer failed to properly research their birth control pills or adequately warn about the increased risk of serious and potentially life-threatening injuries from the birth control pills containing drospirenone, such as a stroke, heart attack, pulmonary embolism, and deep vein thrombosis. Yaz and Yasmin were the first birth control pills to contain drospirenone, a new type of progestin.

The outcome of the bellwether trials and information obtained from the additional plaintiff depositions could help facilitate an eventual Yaz settlement agreement between the parties.

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As a Texas medical doctor and Ethicon Gynecare Transvaginal Mesh Lawsuit attorney, I am providing this important update regarding the New Jersey litigation involving these products.

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Several hundred patients have filed a transvaginal mesh defective product lawsuit in New Jersey state court against Ethicon, Inc. and Johnson & Johnson over side effects from their Gynecare mesh products. Gynecare mesh products are used for treatment of pelvic organ prolapse and stress urinary incontinence.

Women filed these lawsuits, received Gynecare Prolift mesh, Gynecare Gynemesh, Gynecare Prolene mesh, Gynecare TVT sling or another pelvic mesh product manufactured by Ethicon, a subsidiary of Johnson & Johnson.

These transvaginal mesh products are used strengthen damaged tissue, to repair pelvic organ prolapse (POP) and female stress urinary incontinence (SUI). These products were marketed as a safe and effective alternative to traditional surgical procedures, and women allege that Ethicon Gyncare mesh problems caused them to experience pelvic pain, infections, urinary problems, erosion of the mesh and other complications.

All of the Ethicon Gynecare mesh lawsuits filed in New Jersey state court are centralized for pretrial proceedings before Judge Higbee in Atlantic County. According to court information, there are now about 500 cases that have been filed.

The lawsuits claim that Johnson & Johnson knew the products were unreasonably dangerous, but continued to manufacture and sell them. Other a;;egations iclude manufacturing a defective product, negligence, failure to warn, strict liability and fraud.

According to a study in the Journal of the American College of Obstetricians and Gynecologists, researchers concluded that there was a high rate of vaginal mesh failure with Gynecare Prolift mesh, while providing no difference in cure rates.

Earlier, the FDA issued a warning about the risk of problems from transvaginal mesh when used for pelvic organ prolapse, indicating that the agency was unable to find any significant benefit for the products over other available means of treatment.

In addition to Johnson & Johnson’s Ethicon mesh products, problems have also been associated with transvaginal mesh sold by American Medical Systems (AMS), Boston Scientific, C.R. Bard and other companies.

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As a Dallas Dangerous Drug attorney, I am writing about this interesting medical study in the recent American Journal of Medicine.

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According to the findings of a new medical study, patients with hypertension and heart problems who regularly take common over-the-counter painkillers could be at a greater risk of heart attack, stroke and death.

Non-steroidal anti-inflammatory drugs (NSAIDs) have been used in pain management in patients with osteoarthritis and other painful conditions. In the United States an estimated 5% of all visits to a doctor are related to prescriptions of non-steroidal anti-inflammatory drugs and they are among the most commonly used drugs. In 2004, rofecoxib, VIOXX, marketed as a cyclo-oxygenase-2 (COX 2) selective inhibitor, was withdrawn from the market after the results of a randomized placebo controlled trial showed an increased risk of cardiovascular events associated with the drug.

In this recent study, patients with heart disease and high blood pressure were at 47% increased risk of the cardiovascular events if they were chronic users of non-steroidal anti-inflammatory drugs (NSAIDs), examples include Advil, Aleve, Celebrex, Motrin and the recalled drug Vioxx.

The findings were published in the latest issue of The American Journal of Medicine. The study looked at data on 882 long-term NSAID users and 21,694 nonchronic NSAID users. All had hypertension and heart disease and had an average age of 65. Researchers found that 4.4 out of every 100 chronic NSAID users suffered a nonfatal heart attack, nonfatal stroke, or died. The rate was only 3.7 out of 100 for nonchronic NSAID users.

After five years of chronic NSAID use, high blood pressure patients with heart disease were at 126% increased risk of death and 66% increased risk of heart attack.

In June, Danish researchers published a study that found that NSAIDs could cause abnormal heart rhythms. That study, published in the British Medical Journal, found a 40% to 70% increase in the risk of atrial fibrillation among NDAID users. Use of non-aspirin NSAIDs was associated with an increased risk of atrial fibrillation or flutter. Compared with non-users, the association was strongest for new users, with a 40-70% increase in relative risk (lowest for non-selective NSAIDs and highest for COX 2 inhibitors). Atrial fibrillation or flutter needs to be added to the cardiovascular risks to be considered when prescribing NSAIDs.

In January, researchers found that all NSAIDs appeared to increase the risk of heart problems, and all except Aleve carried an increased risk of cardiovascular death. The study was published in the British Medical Journal, focusing on nonsteroidal anti-inflammatory drugs (NSAIDs). The researchers looked at the cardiovascular risk of seven different generic NSAIDs, including generic Aleve (naproxen), Advil and Motrin (ibuprofen), Voltaren and Cataflam (diclofenac), Celebrex (celecoxib), Arcoxia (etoricoxib), Vioxx (rofecoxib) and Prexige (lumiracoxib).

In June 2010, Danish researchers published a study that found evidence of NSAID heart problems, with the recalled drug Vioxx, as well as Voltaren and Cataflam being linked to the highest risk of death due to cardiovascular problems. Voltaren and Cataflam were also associated with double the risk of heart attack, while Vioxx was linked to triple the increased risk. The study was published in Circulation: Cardiovascular Quality and Outcomes, that indicated the class of drugs, which include Motrin and Advil, increase the risk of cardiovascular problems in healthy users. The study indicates that the risk appears to vary widely from brand to brand, with Vioxx, Voltaren and Cataflam as the worst offenders, and the pain reliever Aleve actually appearing to lessen the risk of death.

Lawsuits over Vioxx were filed by thousands of people following a September 2004 recall of the drug amid reports that it increases the risk of heart attacks and strokes. The prescription medication, which was approved for treatment of chronic pain from arthritis and other conditions that cause acute pain, was used by more than 80 million people worldwide.

Keywords: Coronary artery disease, Hypertension, Myocardial infarction, Nonsteroidal anti-inflammatory drugs, NSAIDs, Advil, Aleve, Cataflam, Celevrex, Heart Attack, Heart Disease, Motrin, Stroke, Vioxx

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As a Dallas Denture Cream Side Effect Attorney, I am providing this Poligrip Zinc side effect litigation update.

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GlaxoSmithKline may have paid out more than $120 million in Poligrip denture cream settlements to resolve claims brought by consumers who suffered permanent nerve damage due to zinc in the adhesive products. According to sources, the manufacturer has settled more than 100 denture cream lawsuits at an average cost of just over $1 million per case.

Glaxo agreed to remove zinc from its line of denture-cream products after researchers linked some neurological problems, including nerve damage, to use of zinc-laden denture adhesives. The company’s Super Poligrip Original, Ultra Fresh and Extra Care products all contained zinc, which improves adhesive power. Glaxo and Procter & Gamble Co. (PG), the Cincinnati-based maker of the competing Fixodent denture cream, had lawsuits filed against them consolidated before a federal judge in Florida in 2005.

Product liability lawyers allege that the drugmakers knew for years that their products contained harmful levels of zinc and failed to warn customers. Zinc poisoning can deplete the body of copper, which can lead to nerve damage, resulting in weakness in the arms and legs, balance problems and memory loss.

A flood of law suits followed a 2008 University of Texas Southwestern Medical Center in Dallas medical study of patients suffering from neurological problems. The study linked the cause to denture-cream use. According to the complaints, high amounts of zinc in the denture adhesive can enter the body through use of Super Poligrip, leading to permanent neurological problems like neuropathy, numbness, tingling, pain, weakness, loss of sensation, loss of balance, paralysis and difficulty breathing.

The first Fixodent nerve damage trial is scheduled to begin on June 20. In that case, lawyers for Florida resident Marianne Chapman allege Procter & Gamble defectively designed Fixodent by including zinc in its formulation. The consolidated case is In Re Denture Cream Products Liability Litigation, 09-02051, U.S. District Court, Southern District of Florida (Miami.)

There have been no reports of Fixodent denture cream settlements. Proctor and Gamble argues that its products contained less zinc than those of Glaxo and that it does not believe Fixodent can cause neurological damage.

All federal lawsuits over zinc poisoning from denture cream have been centralized in the U.S. District Court for the Southern District of Florida for pretrial litigation. Individual complaints filed by dozens of people throughout the United States have been consolidated to avoid duplicative discovery, inconsistent pretrial rulings from different judges and to serve the convenience of the court, the parties and the witnesses.

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As a Yaz, Yasmin and Ocella side effect and blood clot attorney, and Texas Medical doctor I am providing this update regarding the bellwether trial status for the New Jersey State MDL litigation trial schedule.

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The first trial dates for any Yaz, Yasmin or Ocella lawsuits pending in New Jersey state court will begin in the fall of 2012, with at least two cases to be selected as test cases out of hundreds of claims pending in the state.

There are about 1,000 Yaz, Yasmin and Ocella product liability lawsuits pending in New Jersey state courts involving claims that women suffered serious or deadly injuries as a result of side effects of Yaz, Yasmin or Ocella birth control, containing the fourth-generation progestin drospirenone which are all manufactured by Bayer.

All of the suits involves claims that Bayer failed to properly research their birth control pills or adequately warn about the increased risk of serious and life-threatening injuries from the birth control pills containing drospirenone, causing stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

According to a case management order issued July 8 by New Jersey Superior Court Judge Martinotti, the first Yaz trial in New Jersey state court should be ready to go before a jury on September 10, 2012. A second trial date has been set for November 27, 2012.

The parties have been directed to identify a pool of 18 cases that may be selected for an early trial date, known as bellwether cases. Judge Martinotti has asked each side to select three cases involving allegations of pulmonary embolism, three involving claims of gall bladder injury and three involving allegations of venous thromboembolism, such as a deep vein thrombosis (DVT).

In addition to the cases pending in New Jersey state court, more than 6,000 other cases are pending in federal court and other state court systems. The federal Yaz litigation has been centralized as part of a multidistrict litigation (MDL) before Judge Herndon in the U.S. District Court for the Southern District of Illinois.

At least three trial trial dates are anticipated in the federal MDL, one involving a pulmonary embolism, one involving a gallbladder injury and one involving a venous thromboembolism, with the first Yaz trial in federal court expected to begin early next year.

QUICK FACTS: YAZ LAWSUITS ALLEGATIONS

Throughout the United States, a number of Yaz birth control lawsuits have been filed against Bayer Healthcare Pharmaceuticals, Inc., which was formerly known as Berlex, Inc. and Berlex Laboratories, Inc., claiming that the drug makers:

Failed to adequately warn consumers and the doctors about the potential risk of Yaz side effects.

Failed to adequately test and research Yaz birth control before placing it on the market, which could have shown that patients would face an increased risk of heart attacks, strokes, pulmonary embolism, deep vein thrombosis and other life-threatening health problems.

Failed to issue a Yaz recall or remove the birth control pill from the market after it became apparent that it is an unreasonably dangerous drug, for which the harmful side effects outweigh any potential benefits provided over other available birth control pills.

Aggressively marketed Yaz and encouraged misuse and overuse despite the known Yaz dangers to maximize profits at the expense of patients’ health.

The drug makers had access to all the facts concerning the potential Yaz problems, and ignored the connection between their drug and deadly side effects. Yaz safety concerns were hidden and misrepresentations were made to to convince consumers and doctors to use the birth control pill instead of other available products. This increased the drug makers’ profits at the expense of women throughout the United States. Another example of corporations putting profits before people.

In complex litigation involving a large number of claims with similar underlying facts, early trials are useful in helping the parties gauge the strengths and weaknesses of their cases, and may help facilitate a possible Yaz settlement agreement that includes other lawsuits in the litigation.

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As a Vaginal Mesh Defective Product Lawsuits attorney, and Texas Medical doctor I am providing this important update.

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According to a safety communication issued by the Food and Drug Administration, Women who have vaginal surgery to fix a gynecologic condition called pelvic organ prolapse may wind up with more problems than benefits if a plastic mesh is used.

The FDA said it plans to convene an advisory committee to determine whether to ban the mesh – manufactured by Mass-based Boston Scientific Corp., Covidien PLC of Mansfield, and several other companies – for this procedure.

About 100,000 women with pelvic organ prolapse are treated with plastic mesh each year, but in most cases, according to the FDA, the condition can be treated successfully without mesh.

Mesh-related problems reported to the FDA include painful sexual intercourse, infections, urinary problems, and bleeding, usually from the mesh eroding through the stitched tissue or from skin contracting tightly around it.

Boston Scientific, is one of several companies that already face lawsuits over the mesh. Dozens of women who said they endured painful complications after the company’s mesh was implanted filed complaints last year in a California court, and many of the cases are now being transferred to jurisdictions across the country where the plaintiffs live.

Covidien, a company incorporated in Ireland with its corporate headquarters in Mansfield, supplies mesh to Bard, which markets it to health care providers to treat pelvic organ prolapse.

According to attorneys who represent more than 100 women in a complaint against Bard lodged in federal court in West Virginia, said the manufacturers initially designed the mesh for hernia repair. While regulators gave companies clearance to market it for pelvic organ prolapse repair, they did not look to see if, mechanically or otherwise, these products worked in the pelvis. “They should have known that they needed to check and test.’’
In 2008, the FDA announced that problems could be associated with transvaginal placement of the mesh, which is used along with surgical stitches to support sagging pelvic organs such as the bladder, uterus, and bowel after they have been lifted back out of the vagina, where they descended. From 2008 to 2010, the FDA received 1,503 adverse event reports associated with mesh used for pelvic organ prolapse repair, five times as many as the agency received from 2005 to 2007. It also received three reports of deaths that were related to the mesh placement procedure.

Recent studies indicate that about 10 percent of women who have the mesh placed transvaginally experience mesh erosion within 12 months of surgery and that more than half require additional surgeries to remove the mesh. Sometimes, the mesh becomes so intertwined with scar tissue that it cannot be removed. Furthermore, the FDA found that the mesh does not make the surgery any more effective.

According to Dr. William Maisel, the FDA’s deputy director of the Center for Devices and Radiological Health, “The evidence we reviewed calls into question the clinical benefit of mesh, and it certainly shouldn’t be used routinely for all transvaginal prolapsed repairs.”
In 2010, 75,000 women had vaginal surgery with mesh to repair pelvic organ prolapse. That surgery was performed three times as often as abdominal surgical mesh repair, according to the FDA, since it does not require a painful incision through the skin and offers a less painful recuperation for women.

The FDA cited studies showing abdominal mesh repair for pelvic organ prolapse led to vaginal erosion in 4 percent of women within 23 months of surgery. The FDA urged patients with the condition to ask their surgeon about all treatment options, including those without mesh, before having the operation.

The reassessment of surgical mesh comes as FDA reviews its fast-track system for clearing medical devices, which has been largely unchanged since the 1970s. Like 90 percent of medical devices sold in the U.S., pelvic mesh was cleared under the FDA’s fast-track system, which grants market approval in 90 days to devices that are considered low-risk.

Medical device manufacturers have spent the last year lobbying the FDA and Congress to speed up device approvals as the government reviews the process. Safety advocates say the agency has been overusing the system and clearing high-risk devices that should be subject to more testing.

According to Dr. Diana Zuckerman, the agency should have required the studies it is now contemplating before mesh products were approved. “If they had been required to go through the more rigorous approval process, similar to that for prescription drugs, it would have been obvious years ago that surgical mesh has more risks than benefits in many types of surgery,” said Zuckerman, who directs the National Research Center for Women & Families.

The FDA will hold a meeting in September to discuss studies that would identify which patients benefit most from mesh implants. The FDA will ask panelists at the meeting whether pelvic surgical mesh should be reclassified as a high-risk device.

Surgeons began using mesh to repair hernias in the 1950s, and over the next 40 years they adapted the technique for women’s health conditions. FDA cleared the first mesh for prolapse in 2002, but since it was similar to devices that had been used for decades it did not have to undergo human testing.

The mesh was approved through the FDA’s 510(k) process, which calls for companies to prove that a product is “substantially equivalent” to one already on the market — usually without clinical studies on patients. The approval process is currently being scrutinized by the Institute of Medicine on behalf of the FDA.

Among the manufacturers are Boston Scientific Corp., American Medical Systems Inc. (now part of Pennsylvania-based Endo Pharmaceuticals) and Coloplast. Other companies making the mesh include Cook Medical, Covidien PLC, C.R. Bard Inc., and Ethicon, a division of Johnson & Johnson.

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