So far, courts have awarded women who suffered from vaginal mesh side effects nearly $20 million at trial. There are also five mesh manufacturers who are considering settling several thousand lawsuits. The highest award was a combined $11.1 million to a woman who filed a lawsuit against mesh maker Ethicon. So far this year Endo has already paid out more than $50 million in vaginal mesh settlements outside of the federal consolidation of lawsuits.
In April 2014, a jury in a Texas state court awarded Linda Batiste $1.2 million in compensatory damages after finding Ethicon liable for marketing a defective vaginal mesh product. Ms. Batiste was implanted with a GYNECARE PROLIFT TVT-O vaginal mesh device and suffered severe adverse side effects shortly after the procedure.
These women have been filing lawsuits seeking compensation for injuries related to surgeries that were meant to correct conditions such as pelvic organ prolapse (POP) and stress urinary incontinence (SUI). The failure of these mesh products have caused women varying degrees of pain and suffering based on severity of their symptoms.
Typically, a medical device manufacturer will attempt to settle with a plaintiff for medical costs that include additional procedures to correct the problem, medical expenses not covered by health insurance, and lost wages if the plaintiff is incapable of working due to injuries sustained. Additionally, many plaintiffs will ask for compensation for pain and suffering, especially if their injuries prevent them from performing simple daily activities. There is no set dollar amount for these claims, as each case has to be evaluated individually based on the plaintiffs’ unique circumstances.
Filing Mesh Lawsuits Against Doctors
Typically, a manufacturer is the defendant in these cases. This is because doctors installing the mesh are likely following the manufacturer’s guidelines.
Individual Lawsuits Are Preferable to Class Actions
Class action lawsuits are not recommended for personal injury cases like those that have been brought because of defective vaginal mesh. Class actions, if successful, result in one large award that is distributed among many plaintiffs. Individual lawsuits will often result in the plaintiff receiving full compensation for injuries, medical expenses, pain and suffering.
Recently, a large number of lawsuits filed by vaginal mesh victims have been consolidated into what is known as multidistrict litigation (MDL). The lawsuits still retain their individual status, but are consolidated for pre-trail purposes and are presided over by one judge in a centralized location. MDL consolidation speeds up the judicial process and simplifies matters for all those involved. Currently, there are six MDLs pending before U.S. District Court for the Southern District of West Virginia. The Rottenstein Law Group is representing clients in these MDLs.
Vaginal Mesh Victims are Advised to Seek Medical Attention and Legal Advice
Any woman who has undergone vaginal mesh surgery to correct POP or SUI and has experienced complications as a result of the procedure should speak to her doctor immediately about her condition. Keep records of your doctor visits, procedures, and expenses. This information will be necessary if you file a lawsuit seeking compensation for your injuries.
If you believe you have reason to file a lawsuit in order to seek compensation for a failed vaginal mesh surgery, the Rottenstein Law Group can help. We will evaluate your case and—if we determine that you might be entitled to compensation from your vaginal mesh implant’s manufacturer—we will file an individual lawsuit on your behalf.
Please fill out the Contact Form on this page and an RLG attorney will get back to you. Your consultation is free and confidential.