A vaginal or transvaginal mesh is a net-like synthetic device surgically implanted inside a woman’s vagina. It is placed so in order to repair damaged tissue. Other names for a transvaginal mesh include tape, ribbon, hammock, and sling.
In general, it is used to treat two conditions – pelvic organ prolapse and stress urinary incontinence. Studies have found that at least 50% of women may develop the former condition over their lifetime.
As for the latter, involuntary urine leakage is a common issue affecting one in three adult women. For those over 65 years, 75% report suffering from stress urinary incontinence. The vaginal mesh is supposed to repair damaged tissue in both cases.
However, it is failing to work since lawsuits are filed against manufacturers like Ethicon (Johnson & Johnson). In this article, we will discuss the status of the litigation and whether new suits are being accepted.
Premise of the Litigation
The Food and Drug Administration (FDA) has classified the transvaginal mesh as a high-risk device. Does this mean women have not benefited from a mesh implant? Many have seen improvement when it comes to strengthening weak muscles.
However, the litigation mainly exists because several others have reported facing complications and injuries. According to TorHoerman Law, some of the common complications include severe pain, urinary infections, organ perforation, mesh erosion, and bleeding.
The FDA confirmed the allegations against vaginal mesh manufacturers, stating that the risk-benefit profile was unfavorable. The injuries are not the only problem alleged in the vaginal mesh lawsuit. As with other medical device liability claims, plaintiffs have claimed that the manufacturers circulated misleading information.
In other words, the vaginal mesh was presented as an effective and safe solution for the aforementioned conditions. Defendants severely downplayed the complications involved.
Average Settlements and Payouts
The transvaginal mesh lawsuit has come a long way. The first-ever case in this litigation was filed almost a decade ago. Naturally, hundreds of thousands of women have joined the multidistrict litigation (MDL) over the years.
Today, over 100,000 lawsuits have been filed. Given the prolonged litigation timeline, negligent manufacturers have had to pay over $8 billion in settlements and payouts. As for individual cases, determining the exact settlement amount is a bit tricky. This is due to the various types of injuries associated with the device.
Compensation will vary based on individual cases, depending on factors like the severity of injuries, the plaintiff’s age, etc. Victims are eligible to receive reimbursements for different kinds of losses, including medical bills, cost of future treatments, and emotional distress.
Average settlements based on estimations can be determined. These may range between $150,000 and $400,000 based on the unique nature of each case. Up until now, some significant verdicts have been given, including the American Medical Systems paying $830 million in 2014 and $775 million in 2017. Even Ethicon (Johnson & Johnson) made a massive $120 million settlement in January 2016.
Decade-Long Legal Battle That is Ongoing
The good news is that the transvaginal mesh lawsuit has seen tremendous progress given its timeline. As of April 2024, about 95% of the filed cases have been settled through jury verdicts. This means the MDL is no longer open and was closed back in November 2022.
Does that mean plaintiff attorneys are no longer accepting any more transvaginal lawsuits? No, the litigation continues to be active across the US state courts. The litigation may not last forever because the FDA banned the production of all vaginal mesh devices back in 2019.
That means the thousands of devices sold between 2002 (the year of FDA approval) and 2019 will be under scrutiny. In case of any major complications, women can file this lawsuit. The only thing is that they must keep their respective state’s statutes of limitations in mind.
States like California require product liability claims to be filed within two years from the date of the injury. Others like New Hampshire have set the filing window at three years. There are some like Iowa where plaintiffs get as much as 10 years from the date of injury to file a transvaginal mesh lawsuit.
If you or someone you know is looking to file in this litigation, seven main defendants can be sued. These include C.R. Bard, Inc., American Medical Systems, Boston Scientific Corp., Cook Medical, Ethicon (Johnson & Johnson), Coloplast, and Neomedic.
Keep in mind that even physicians may face liability based on medical malpractice claims. There have been cases where the doctor was sued for failing to diagnose complications on time. Just file your suit with the help of a reliable attorney.
