A medical manufacturer blamed for creating a mesh product that allegedly eroded a woman’s vaginal lining filed a notice of removal to District Court in East St. Louis.
Defendant Coloplast Corp., represented by Jennifer Jerit Johnson and Si-Yong Yi of Tressler LLP in Chicago, filed the notice of removal on Sept. 13.
Coloplast claims the complete diversity of citizenship requirement is met because it is a citizen of Delaware and Minnesota while the plaintiff is a citizen of Illinois.
It also argues that the amount in controversy exceeds $75,000, satisfying the requirement.
According to the complaint filed on Aug. 9, Carol Miller-Willis claims doctors inserted Coloplast’s Aris-Transobturator Sling System into her during a surgical procedure on June 28, 2005.
“These products are specifically promoted to physicians and patients as an innovative, minimally invasive procedure with minimal local tissue reactions, minimal tissue trauma and minimal pain while correcting vaginal prolapsed, stress urinary incontinence, pelvic organ prolapsed and rectocele,” the complaint states.
However, Miller-Willis claims the mesh failed to function properly and eroded her vaginal lining, the lawsuit alleges.
Miller-Willis had to undergo multiple surgeries to correct the damage, but later discovered her injuries were a result of the mesh, she claims.
The plaintiff blames Coloplast for designing a defective product that causes an immune reaction and causes adverse reactions because it is inserted into a portion of the body with high amounts of yeast and bacteria while requiring a physician to insert the device blindly.
John J. Driscoll of The Driscoll Law Firm represents Miller-Willis.
St. Clair County Circuit Court case number 13-L-418