Virginia attorney files class action in St. Clair County against American Medical Systems, Endo

Andrea Dearden May 31, 2012, 4:31am


A Monroe County woman has joined a group of other women and their husbands in a lawsuit against two medical companies after a mesh device implanted in the woman's pelvis allegedly caused an infection.

Shawn McIver, individually and as part of a class of dozens of others, filed a lawsuit May 4 in St. Clair County Circuit Court against American Medical Systems Inc. and Endo Pharmaceuticals.

According to the proposed class action, McIver was implanted with an American Medical Systems' Monarc device in July 2005 at Memorial Hospital in Belleville. The Monarc device, a synthetic mesh system used for pelvic organ prolapse and stress urinary incontinence, was allegedly designed and manufactured by American Medical Systems. McIver claims after her procedure she began to experience severe complications, including infection. She says the mesh implanted in her pelvis was the cause of the problems.

The plaintiffs allege American Medical Systems knew of the problems with their product and the potential dangers it caused to patients and yet failed to warn the public or physicians of those dangers. Instead, the women say the companies continued implanting the allegedly dangerous device into patients' bodies.

Endo is named as a defendant after acquiring American Medical Systems in April 2011 for $2.9 billion.

McIver and the others accuse AMS and, subsequently, Endo of negligence, breach of warranty and fraud. The class claims the companies are liable for their injuries and asks for an undetermined amount of money in damages plus court costs.

Attorney Julie B. Isen, of Orange, Va., represents the plaintiffs.

St. Clair County Circuit Court Case No. 12-L-235

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