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Maverick, Attorney
Category: Legal
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Experience:  20 years experience as a civil trial and appellate lawyer
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I had a penile implant made by Mentor called the Alpha 1 in

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I had a penile implant made by Mentor called the Alpha 1 in 1997. Just 3 months after the surgery it developed a bulge in the left cylinder, and dealt with it until 2001 when it got to the point of causing me pain. Another doctor then decided to change out both cylinders and the pump. Then after about 3 months the bluge returned in the same place. I then saught legal advice and was tolded that they were potected under bankruptcy. Then in 2007 the implant lossed all 110 cc of the saline hydraulic, causing me a third surgery to completely remove and replaced the whole prosthetic with an upgrade version called Titan, and so far so good. My question is it took three surgeries to finally get a good one. Mentor covered the implants and my insurence covered the surgeries, but left me with the out of pocket cost and the recovering of three surgeries. I was woundering if I had a case with Mentor on the last faulty implant? Thanks! Jim
Submitted: 4 years ago.
Category: Legal
Expert:  Maverick replied 4 years ago.

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In SC products liability actions must be brought within three years after the plaintiff suffers the injury. So if you had the 2nd bad implant put in in 2001 and it went bad with in three months, the law will likely deem your three year time period to run from the time you first discovered that the 2nd implant was faulty.

I am assuming that you are not complaining about the doctor's service and just about the defective implant. Let me know if this answers your question. If not just write back. Thanks.

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