Product Liability Pelvic Mesh
Thousands of women who underwent TVM (transvaginal mesh) implants to address pelvic organ prolapse and stress urinary incontinence allege the devices caused serious complications, including chronic pain, organ damage, and other issues.
Since 2012, women who have sued corporations over transvaginal mesh have received at least 20 judgments totaling about $300 million in state and federal courts. By March 2017, some corporations have paid thousands of lawsuits for millions of dollars.
Some patients have obtained multimillion-dollar settlements from manufacturers. In 2018, for example, a jury awarded Mary McGinnis and her husband $68 million. In 2019, another jury awarded Patricia Mesigian $80 million.
There have been 108,000 lawsuits filed in the MDLs. However, waves of settlements have reduced the number of cases.
The FDA halted all sales of mesh for pelvic organ prolapse, popularly known as POP, in 2019 because makers could not demonstrate that the benefits exceeded the dangers.
Thousands of claims against implant companies, including Johnson & Johnson’s Ethicon business, American Medical, Boston Scientific, and Bard, have been settled in the West Virginia MDL as of November 2022, although attorneys continue to accept cases.
If you want to file a transvaginal mesh lawsuit, please get in touch with an experienced personal injury lawyer.
What are the most common complications with pelvic mesh?
Women who got the mesh for prolapse or stress urinary incontinence (SUI) filed lawsuits claiming they had terrible medical complications from the vaginal mesh implant.
According to the claims, many women experienced difficulties sitting, walking, having intercourse, and engaging in other activities. The consequences were so severe that several women had to undergo repeated revision operations to have the implants removed.
Among the mesh complications raised in vaginal mesh products lawsuit are:
Mesh erosion
This happens when implants cause injury to the vaginal walls or internal pelvic organs. Bacteria may develop on implants and cause infections.
Pain
The device may cause nerve damage, tissue damage, or shrinkage, resulting in scarring and discomfort, including painful intercourse.
Urinary issues
The devices may obstruct the bladder, making urination difficult.
Recurrent prolapse
Even after mesh surgery, the implant may fail, resulting in recurrent pelvic organ prolapse.
Incontinence that comes and goes
Some women have new or more urinary problems or worsening bladder or rectum incontinence due to the vaginal mesh implants.
Transvaginal Mesh Injury Lawsuits
In 2009, the first transvaginal mesh case was filed, kicking off the vaginal mesh litigation. Thousands of lawsuits were made against numerous Transvaginal mesh manufacturers in the following years, including Johnson & Johnson (Ethicon), Boston Scientific, C.R. Bard, American Medical Systems (AMS), Coloplast, and others.
These cases claimed that TVM makers were irresponsible in the device’s design, testing, and marketing. They also neglected to notify healthcare practitioners and patients about defective products and the possible dangers and consequences of their usage. The plaintiffs claimed restitution for their bodily and mental distress, medical bills, and lost earnings.
What is the lawsuit against pelvic mesh?
In 2012, the Judicial Panel on Multidistrict Litigation (JPML) merged federal cases into many multidistrict litigations (MDLs) because of the rising number of vaginal mesh claims. Each MDL focused on a certain manufacturer, shortening the pretrial process and enabling more efficient case management.
Seven multidistrict litigations (MDLs) using vaginal mesh were filed against C.R. Bard, Inc., American Medical Systems, Inc., Coloplast Corp., Ethicon, Inc., Cook Medical, Inc., Boston Scientific Corp., and Neomedic. This coordinated lawsuit grew to include over 100,000 instances, making it one of U.S. history’s greatest mass tort litigations.
These MDLs were assigned to U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia’s Charleston courtroom by the United States Judicial Panel on Multidistrict Litigation. Only a tiny percentage of the initial instances are still active. However, additional vaginal mesh cases continue to be filed in 2023.
In some of these MDLs, bellwether trials were undertaken to assess the strengths and weaknesses of both parties’ claims and steer settlement discussions.
What is the average settlement for a pelvic mesh lawsuit?
Several TVM manufacturers settled many claims to prevent more litigation and the possibility of hefty jury awards. Among the significant settlements were:
- · AMS agreed to resolve about 20,000 cases for $1.6 billion in 2013.
- · Coloplast paid $16 million to resolve around 400 complaints in 2014.
- · C.R. Bard resolved over 3,000 cases in 2015 for $200 million.
- · Boston Scientific resolved over 50,000 cases in 2018 for $189 million.
- · Over $300 million has been set aside for a consumer class action against Johnson & Johnson.
Our attorneys anticipate that a successful vaginal mesh injury claim in 2023 would result in a settlement of between $150,000 and $450,000. The value of your vaginal mesh lawsuit and where it fits in this settlement range is determined by various criteria, including the severity of the physical injuries and the plaintiff’s age.
Contact us to get more information on a product liability pelvic mesh lawsuit.
Details of Recent Vaginal Mesh Claims
Currently, hundreds of cases against different manufacturers are still outstanding in vaginal mesh litigation. While many claims have been settled, certain manufacturers have continued to battle and defend their TVM devices in court, and victims have continued to file transvaginal mesh lawsuits.
The FDA’s regulatory efforts, and a better examination of TVM devices, have resulted in substantial changes in the medical community’s approach to treat pelvic organ prolapse and SUI. Many doctors are increasingly choosing other treatment options for prolapse repair and using mesh products more cautiously for SUI therapy.
As of 2023, almost 95% of the mesh lawsuits in these class action MDLs had been settled and were no longer pending. Victims have received billions in settlement payouts. As these mesh implants harmed additional women, new vaginal mesh claims are being filed, but these new cases are not being processed in the class action MDLs.
Why are mesh manufacturers Ethicon, Boston Scientific & Coloplast at the forefront of these issues?
Women who filed complaints say that vaginal mesh manufacturers “had a legal duty to ensure the safety and effectiveness of their mesh products” and warn patients. Instead, they presented patients with “false and misleading information” about allegedly safe and successful products. The products were approved for usage despite “weak evidence.”
Vaginal mesh manufacturers are accused in lawsuits of:
- · Intentionally deceiving the U.S. Food and Drug Administration, the medical profession, patients, and the general public about the actual safety and efficacy of their products.
- · Failure to test gadgets correctly
- · Failure to investigate the hazards associated with the items
- · Failure to develop safe and efficient techniques for removing the materials
- · Inadequately warning individuals about possible consequences and injuries
