Transvaginal Mesh Lawsuit
As women by the thousands suffer from the crippling effects of transvaginal mesh (TVM), attorneys nationwide have been filing legal actions against the medical device manufacturers that are responsible for the injuries.
In the United States, patients have come to expect a level of surety from medical products. With strong U.S. Food and Drug Administration (FDA) regulations and fervent medical advocacy groups nationwide, patients expect that medical devices on the market today are clinically tested and safe for human use.
What many women don’t realize is that TVM, which is used to fix pelvic organ prolapse (POP) and stress urinary incontinence (SUI), was never tested before it was sold. Instead of living happy and fulfilling lives following TVM surgery, patients have become the unwitting test subjects for medical device companies.
Transvaginal Mesh Case Settlement
To date, there are six federal multidistrict litigation (MDL) actions pending in courts in West Virginia and New Jersey. More than 6,000 victims are seeking financial compensation for their injuries from Johnson & Johnson’s Ethicon division, C.R. Bard, American Medical Systems, Coloplast, Mentor and Boston Scientific. Hundreds of other victims have filed suit in state courts nationwide.
In the MDLs, patients band together for the purposes of pretrial discovery and other proceeding, but each case is heard individually. That means that each patient’s case can get financial awards based on the extent of injuries and other factors. The first MDL test trial, called a bellwether trial, is scheduled for February 2013. Bellwether trials are set up to give attorneys on both sides a look at how the remaining cases should proceed, including the possible financial judgments. The hope among many legal experts is that the cases will settle out of court before trial.
Already one state court trial, in California, ended in a $5.5 million jury award for a TVM victim. The woman, an avid runner, had C.R. Bard’s Avaulta Plus mesh implanted to stop her urinary incontinence. Within months, the mesh eroded and cut into her colon. She had no less than eight revision surgeries and nine other procedures to correct the damage and may endure more. Many are looking to this case as an positive indicator of what is to come for other TVM victims.
Transvaginal Mesh Compensation
Because each woman’s case is different, with a varying amount of injuries and disabilities, it’s impossible to predict how much each case will be worth. However, injured women and their families have the right to seek compensation, not just for the injuries but also the loss of wages, medical bills both present and future, the emotional distress that comes from such a life-altering medical situation and the disruption in or complete loss of sexual relations. The victim can also not only sue the medical manufacturer, which is clearly at fault here, but also the physicians involved.
For patients and their families who hope to seek financial compensation for TVM injuries, contact one of our skilled patient advocates. We will discuss your case for free and explain your legal options.