More than 100,000 transvaginal mesh lawsuits alleged the implants caused complications including pain, bleeding, infection, organ perforation and autoimmune problems. So far, one of the largest settlements was about $830 million for 20,000 cases. More than 65,000 lawsuits are still pending.
If you received a transvaginal mesh implant and suffered from side effects, you may be entitled to compensation.
Thousands of women who received transvaginal mesh implants to treat a conditions called pelvic organ prolapse (POP) and stress urinary incontinence (SUI) claim they weren’t warned that the devices could cause severe pain, organ damage and other complications.
As of July 2018, seven mesh makers faced several thousand lawsuits in multidistrict litigation (MDL) in West Virginia. Johnson & Johnson’s Ethicon unit faces 34,729 lawsuits — the most of any manufacturer — followed by Boston Scientific at 18,901, C.R. Bard at 7,223 and American Medical at 3,766.
Some women who filed lawsuits have won multimillion-dollar verdicts against mesh manufacturers.
One of the jury verdicts sided with Christine Scott and her husband. They won a $5.5 million jury award in 2013.
Since 2012, women who have sued companies over transvaginal mesh have won at least 20 verdicts in state and federal courts totaling around $300 million. By March 2017, multiple companies had settled thousands of claims for millions.
Lawyers are actively accepting transvaginal mesh cases for injuries such as erosion, infection, pain, urinary problems, recurring prolapse and recurring incontinence.
At one time there were about 100,000 lawsuits pending in federal court before Judge Joseph R. Goodwin in West Virginia. Many have settled, gone to trial or have been dismissed. But as of July 2018, more than 65,000 lawsuits were still awaiting some kind of action.
In February 2012, the U.S. Judicial Panel on Multidistrict Litigation agreed to consolidate cases against three companies into MDLs in the Southern District of West Virginia, where one transvaginal mesh MDL already existed.
|Company||Pending Actions||Total Actions|
|American Medical Systems||3,766||21,236|
Before the JPML formed the main mesh MDL in West Virginia, the first transvaginal mesh lawsuits involved a device called ObTape manufactured by Mentor. In 2008, the judicial panel combined several of these cases into a multidistrict litigation. A total of 857 lawsuits were included in this one MDL between 2008 and 2017.
In 2016, the judge overseeing the MDL asked the judicial panel to stop adding cases to the ObTape MDL. He said the MDL had received too many lawsuits that did not have enough evidence to stand up in court and cases that had missed the time limit for filing a lawsuit.
The judicial panel has not closed the ObTape MDL. Women seeking compensation for ObTape injuries can also still file claims in state courts.
Drugwatch’s legal partners are accepting claims from women who received transvaginal mesh for prolapse or stress urinary incontinence and suffered injuries such as mesh erosion, infection, pain, urinary problems, recurring prolapse or recurring incontinence.
The injuries caused by mesh erosion and other complications caused women severe pain and hindered regular activities, such as sitting, walking and having sex, according to lawsuits. The complications were so bad that many women had to undergo multiple revision surgeries to remove the mesh.
Women who filed transvaginal mesh lawsuits claim that mesh manufacturers “had a legal duty to ensure the safety and effectiveness of their pelvic mesh products” but instead provided patients with “false and misleading information” about how safe and effective the products supposedly were.
So far, mesh manufacturers have paid out billions in settlements and jury verdicts. As of June 2017, at least 18 bellwether cases in the West Virginia MDLs had been tried, settled, dismissed or delayed.
People who filed lawsuits have won verdicts totaling more than $49 million in 10 of the bellwether trials. Johnson & Johnson subsidiary Ethicon has won the only defense verdict of any of the companies in the MDLs.
Johnson & Johnson, Bard and Boston Scientific each lost multiple bellwether trials, and the MDL court has urged those companies to settle more lawsuits. So far, Johnson & Johnson has only agreed to settle four lawsuits and continued to defend itself in court.
Currently, there are no active transvaginal mesh class actions. But in 2015, Federal Insurance Company filed a class-action suit against Caldera Medical Inc. Caldera faced 2,184 claims from women who said the company’s mesh products injured them.
In 2016, the companies set aside a settlement fund of $11.75 million for these claimants. However, the settlement is still pending the court’s approval. The case is Federal Insurance Company v. Caldera Medical, Inc. and the case number is 2:15-CV-00393. The deadline to submit a claim was May 2, 2016.
Please seek the advice of a medical professional before making health care decisions.
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