Judges mallet 200May 7, 2013 ~ The Marion Carpenter v American Medical Systems

product liability trial is set to begin in San Bernardino County California on May 13.

Carpenter has filed a medical malpractice action against her doctors and a products liability action against American Medical System. She is represented by Stewart Albertson of Albertson & Davidson (here).

Here is the complaint: Carpenter v AMS.

Marion Carpenter lives in San Bernardino County, California. AMS is a Delaware company.

The  doctors named are Jeffrey S. Hardesty MD and Sam Siddighi MD.

Carpenter had the Monarc Subfascial Hammock  (Monarc) (here) implanted to treat incontinence March 4, 2008. According to the complaint, the  doctors:

failed to exercise the proper degree of knowledge and skill and so negligently, carelessly, recklessly, wantonly and unlawfully treated, provided care, monitoring, examination and other professional services in that among other things, they failed to adequately and properly diagnose and treat Plaintiff causing Plaintiff to suffer major physical injuries to her bladder and pelvic area.” 

Carpenter is is unable to work.

The complaint on Product liability:

“Defendant negligently and carelessly manufactured, designed, assembled, compounded, tested or failed to test, inspect or failed to inspect, packaged, labeled fabricated constructed analyzed distributed, serviced merchandised recommended advertised promoted marketed and sold the Monarc….. it was in a dangerous and defective condition and unsafe for the use and purpose for which it was intended when used as recommended by the Defendants.”

“Plaintiff has suffered severe and excruciating pain and distressing mental anguish.”

Background

Dr. Hardesty suggested the Monarc to Marion Carpenter to treat her incontinence and the complaint says the doctor provided her with a pamphlet. By March 20, 2008, the mesh had eroded and was exposed in Carpenter’s vagina. Dr. Hardesty surgically excised that portion of the mesh but Carpenter’s pain persisted, the complaint says.

According to the complaint, by January 12, 2009, Dr. Hardesty surgically removed the Monarc mesh. The risk of erosion was never discussed and was not in the literature.  Surgeon continually assured her that her pain would improve.

MDND will be monitoring whether or not this case goes to trial on the 13th and has a request into attorney Albertson for an interview. Stay tuned!  #