Case Overview
Our attorneys are reviewing potential cases involving people who allege defective internal bra mesh devices caused serious complications like infection, migration, scarring and pain. If you were harmed, you may be able to file a breast mesh lawsuit against the manufacturer of the involved mesh product. Eligible victims may seek compensation for revision surgery costs, pain and suffering and other causes of action.
Key takeaways about internal bra mesh lawsuits
- Breast mesh lawsuits, or internal bra lawsuits, are an emerging type of medical device legal action.
- Complications of internal bra mesh surgeries may include infection, pain, mesh migration and tissue death (necrosis).
FDA warning on BD mesh products
On November 9, 2023, the U.S. Food and Drug Administration (FDA) issued a labeling update regarding certain Becton, Dickinson and Company (BD) mesh products. The products are approved for use in soft tissue repair and reinforcement. But they have not been approved for use in breast surgery.
The FDA’s labeling update clarifies that “the safety and effectiveness of surgical mesh in breast surgery, including in augmentation or reconstruction, has not been determined by the FDA.”
BD mesh products in FDA warning
- Phasix™ Mesh
- Phasix™ ST Mesh
- Phasix™ Plug and Patch
- Phasix™ ST Mesh with Open Positioning System (OPS)
- Phasix™ ST Mesh with Echo 2™ Positioning System
- GalaFLEX Lite™ Scaffold
- GalaFLEX™ Scaffold
- GalaFLEX 3D™ Scaffold
- GalaFLEX 3DR™ Scaffold
What is the issue with BD internal bra mesh products?
Women have reported serious injuries after internal mesh surgeries, including infection, migration, disintegration, erosion and mesh rupture, among others. These injuries are consistent with injuries reported from other mesh products, including hernia mesh and transvaginal mesh.
Surgical mesh can be a useful tool in soft tissue reconstruction. But some patients report that they never knew the risks associated with their mesh surgeries. In other cases, surgical meshes have been used in ways for which they were not tested or approved.
The products currently at issue are manufactured by Becton, Dickinson and Company (BD). BD subsidiaries, C.R. Bard and Davol, have long histories of hernia mesh litigation.
Motley Rice attorneys have experience with various types of surgical mesh litigation, including the hernia and TVM lawsuits mentioned above. If you have a breast mesh product and have experienced complications, contact us today.
Injuries from breast mesh defects
- Abscess formation
- Chronic fluid buildup
- Chronic pain
- Delayed wound healing
- Hematoma
- Infection
- Mesh or reconstruction failure
- Mesh migration or displacement
- Scar tissue formation that is irregular or excessive
- Seromas
- Tissue erosion
- Tissue necrosis
- Visible mesh
Have you had complications after breast mesh or internal bra surgery?
You may be eligible to file a lawsuit if you were injured after having breast mesh placed. Motley Rice medical device lawyers are reviewing cases now.
For more information, contact our team by filling out our online form or calling 1.800.768.4026.
Filing a breast mesh lawsuit
You may qualify for an internal bra mesh lawsuit if you have experienced serious complications after a procedure involving breast mesh placement. People who qualify for a breast mesh case may have received the product during an augmentation, lift, reconstruction or revision procedure.
You don’t need to know the brand name or type of mesh used in your surgery to contact a lawyer and learn more about your options. In many cases, people may not have even known surgical mesh was a component of their procedure until after it was already placed.
Our attorneys are available and can help determine if you are eligible to file a lawsuit.
In general, people who are eligible to file a breast mesh lawsuit will meet the following criteria:
- Had surgical mesh products placed in the breast region during a surgery
- Developed an infection, pain, deformity, tissue loss or needed additional surgeries after the mesh was placed
- Have medical paperwork documenting the placement of the mesh and the subsequent complications
If you meet these criteria, you may be eligible to file a lawsuit. However, a statute of limitations could bar your claim if you don’t file a lawsuit within its limits. A lawyer can evaluate if your claim falls within the applicable statute of limitations.
FAQs about breast mesh lawsuits
What kind of evidence is used in a breast mesh case?
Breast mesh lawsuit evidence often includes medical paperwork and records. This may include imaging of damaged tissue, physician notes, operative reports, hospital records and photos of visible wounds or scarring.
What damages are available in a breast mesh case?
Damages are the “remedy” the injured party requests in a lawsuit to make them “whole” again. In medical device lawsuits, this often involves compensation for medical bills, lost earning potential and pain and suffering. In a breast mesh lawsuit, this may include:
- Compensation for permanent scarring or disfigurement
- Cost of medical bills, including initial surgery placing the mesh, subsequent treatments to treat complications and surgeries to remove the mesh if necessary
- Emotional distress
- Lost wages
- Pain and suffering
Our medical device and mesh lawsuit experience
The pain and difficulty of dealing with defective medical devices not only impacts you, but your family as well. We will use our experience in complex medical litigation to seek justice for you.
If you’re not sure whether a potentially defective product was used during your procedure, a breast mesh attorney at Motley Rice may be able to help. Our law firm’s previous medical litigation experience includes representing clients harmed by:
Key takeaways about internal bra mesh lawsuits
FDA warning on BD mesh products
What is the issue with BD internal bra mesh products?
Have you had complications after breast mesh or internal bra surgery?
Filing a breast mesh lawsuit
Check Your Eligibility
FAQs about breast mesh lawsuits
Our medical device and mesh lawsuit experience
About the Authors
Roger M. "Hank" Young, Jr.
Associate
Hank Young litigates complex civil matters including representing victims of defective medical drugs and devices as well as those harmed by toxic environmental contamination.
Ashley J. Hornstein
Associate
Ashley Hornstein represents people and families suffering from mesothelioma and other asbestos-related diseases caused by occupational, environmental and household asbestos exposure, as well as victims of lead poisoning and other toxic environmental exposures.
- Sources
- U.S. Food and Drug Administration. Labeling Updates for BD Mesh Products - Letter to Health Care Providers.
Your Legal Options
Start Your Motley Rice Consultation in Simple Steps
1
Submit Information
Call us or fill out our online form with the details of your potential case.
2
Case Review
Our team reviews your information to assess your potential case.
3
Case Consultation
Talk with us about next steps.