Choosing the Right Transvaginal Mesh Lawyer

Written By:
Jessie Paluch
Jessie Paluch

Attorney Jessie Paluch, founder of TruLaw, has over 25 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at TruLaw and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Jessie Paluch, you can do so here.

TruLaw does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us by using the chat on the bottom of this page. This article should not be taken as advice from an attorney.

Key takeaways:

  • Transvaginal mesh manufacturers face serious allegations of intentionally misleading the FDA, medical community, and patients about the safety and efficacy of their products, failing to test and research potential risks properly.
  • Women who have suffered injuries like chronic pain, mesh erosion, infections, and organ perforation from transvaginal mesh implants may be eligible to file lawsuits against the manufacturers to seek compensation.
  • Choosing an experienced transvaginal mesh attorney, gathering relevant medical records and evidence, and understanding the current landscape of mesh settlements and verdicts are key steps in pursuing a successful legal claim.

Transvaginal Mesh Lawyer Overview

On this page, we’ll discuss choosing a transvaginal mesh lawyer, how an experienced attorney can help with your transvaginal mesh claim, what to look for when choosing a transvaginal mesh lawyer, and much more.

Choosing the Right Transvaginal Mesh Lawyer

Intro to Transvaginal Mesh Lawyers

Some of the key aspects of working with transvaginal mesh lawyers include, but are not limited to:

  • Experience and Expertise: Choosing a lawyer with a track record of success in transvaginal mesh litigation can significantly impact the outcome of your case.
  • Case Evaluation and Guidance: A knowledgeable mesh lawyer can assess the strength of your claim and guide you through the legal process.
  • Gathering Evidence: An experienced attorney can help gather medical records, expert testimony, and other evidence to support your mesh lawsuit.
  • Negotiating Settlements: Skilled mesh lawyers can negotiate with defendants and their insurers to seek the maximum compensation for your injuries and damages.

If you’re considering filing a transvaginal mesh lawsuit, working with an experienced attorney is important to pursue the compensation you deserve.

Contact TruLaw today using the chat on this page for a free case evaluation and to learn more about how a skilled transvaginal mesh lawyer can help with your claim.

Table of Contents

Allegations Against Transvaginal Mesh Manufacturers

Transvaginal mesh manufacturers face serious allegations concerning the safety and marketing of their mesh products.

These claims have prompted significant legal scrutiny and settlements.

Intentional Misleading of FDA, Medical Community, and Patients

Transvaginal mesh producers are accused of providing incomplete information to the FDA regarding the efficacy and potential hazards of their surgical mesh devices.

The following points outline specific allegations:

  • Manufacturers are supposed to present all relevant data to the FDA but allegedly withheld negative outcomes or complications.
  • They are said to have promoted mesh products aggressively, minimizing the risks associated with their use.
  • Communications to the medical community and patients about the safety and utility of these devices were purportedly distorted.
  • Allegations suggest a failure to update the FDA and healthcare professionals as new risk information becomes available.

Failure to Properly Test and Research Risks of Mesh Products

There are further claims that the medical device companies did not conduct sufficient research to understand the risks of mesh products.

These allegations include:

  • Insufficient pre-market testing to determine the long-term effects of surgical mesh on patients.
  • A lack of large-scale clinical trials could have highlighted potential complications before these products reached the market.
  • Reports indicate that manufacturers ignored or did not fully explore preliminary research suggesting adverse effects of their devices.
  • Transvaginal mesh complications led to patient harm that opponents argue could have been prevented with more thorough testing.

Injuries Claimed in Transvaginal Mesh Lawsuits

Victims seeking legal redress in transvaginal mesh lawsuits typically report a range of serious health issues.

The complications arising from these implants can have a profound impact, influencing various aspects of health and quality of life.

The types of injuries commonly cited include:

  • Chronic pain and inflammation
  • Mesh erosion through the vaginal wall
  • Infections and bleeding
  • Organ perforation
  • Painful sexual intercourse

Finding the Right Transvaginal Mesh Lawyer

When dealing with transvaginal mesh complications, selecting an attorney well-versed in this legal area is imperative.

Importance of Choosing a Lawyer with Relevant Experience

Selecting a lawyer with appropriate experience can significantly impact the outcome of a transvaginal mesh lawsuit.

They will have a deep understanding of the medical implications and legal intricacies.

Here’s why experience in transvaginal mesh cases is crucial:

  • Look for lawyers who have a track record of handling transvaginal mesh cases.
  • Check their case outcomes to gauge their success rate in similar lawsuits.
  • The law firm must have resources dedicated to medical device litigation.
  • Determine if they have expertise in the transvaginal mesh field by reviewing their publications or past case studies.
  • Review testimonials or ask for references to assess client satisfaction and lawyer performance in previous cases.

Questions to Ask During a Free Consultation with a Mesh Lawyer

A free consultation is an opportunity to determine if the attorney is the right fit for your case.

Prepare questions to understand their approach and how they can help you.

To maximize your free consultation, consider these key questions:

  • Inquire about their experience with transvaginal mesh litigation and the number of cases they’ve handled.
  • Ask what strategies they suggest for your specific situation and if they have handled similar cases.
  • Understand the potential costs and how the law firm bills transvaginal mesh cases.
  • Discuss the communication process and how often they will update you regarding your case progress.

Transvaginal Mesh Settlements and Verdicts

In response to the serious complications associated with transvaginal mesh devices, billions have been paid out in settlements, and numerous jury verdicts have been awarded to plaintiffs to cover their medical expenses and damages.

Overview of Billions Paid Out in Mesh Settlements

Thousands of women have pursued a vaginal mesh lawsuit following serious health concerns.

The settlements for these cases are often substantial, reflecting the gravity of the injuries and the impact on the plaintiffs’ lives.

Here’s a breakdown of some recent multi-million dollar settlements:

  • The attorney general in Pennsylvania secured a $116.9 million settlement with Johnson & Johnson and its subsidiary Ethicon, Inc.
  • In Washington state, Johnson & Johnson agreed to a $9.9 million settlement for not disclosing the risks of their surgical mesh.
  • Oregon’s attorney general announced a $5.5 million settlement from the same companies for deceptive marketing practices.
  • A restitution fund was set up in Washington for impacted individuals sharing part of a $9.9 million recovery.
  • Arizona’s attorney general’s office secured a portion of a $116.9 million multistate settlement, with companies committing to change their marketing and training practices.

Notable Jury Verdicts in Favor of Plaintiffs

Jury verdicts occasionally exceed the negotiated settlement amounts, highlighting the legal system’s recognition of the harm caused by transvaginal mesh.

High-profile jury verdicts demonstrate the potential value of transvaginal mesh lawsuits:

  1. Plaintiffs have won cases resulting in multimillion-dollar verdicts, which serve as a statement on the product’s safety and the companies’ responsibility.
  2. Such verdicts usually strongly message the medical device industry about consumer protection and corporate accountability.
  3. Award amounts can vary widely, but they consistently reflect the juries’ understanding of the profound impact of mesh complications on plaintiffs’ lives.
  4. Each case is unique, but juries often consider the extent of the complications, the necessity for corrective surgeries, and the overall detriment to plaintiffs’ quality of life.

These settlements and verdicts offer a financial reprieve, though they may not fully reverse the hardships faced by those who have suffered from vaginal mesh complications.

Legal Actions Combined in West Virginia MDLs

In the federal court system, significant progress has been made by consolidating transvaginal mesh lawsuits into multidistrict litigations (MDLs) in West Virginia.

This structured approach has been instrumental in streamlining the legal process for numerous cases against various manufacturers.

Consolidation of Cases Against Multiple Manufacturers

Multidistrict litigations (MDLs) serve to optimize judicial resources by combining actions for pre-trial proceedings.

Here’s how they function in the context of transvaginal mesh lawsuits:

  • Numbered Cases: Each MDL is assigned a unique number for identification within the federal courts.
  • Transfer of Actions: Individual cases from across the nation are transferred to the MDL, centralizing the legal activities.
  • Commonality: These cases share factual questions about the safety and complications of transvaginal mesh.
  • Streamlined Discovery: Consolidation under an MDL allows for coordinated discovery and consistent court rulings across similar cases.

Status of Pending Actions in Transvaginal Mesh MDLs

While most cases have been resolved through settlements, a relatively small number of lawsuits are still pending within the MDLs.

The court actively manages these remaining cases to ensure they progress efficiently.

In terms of current status, the pending actions within the MDLs have seen active management and progress:

  • Scheduling Orders: The court issues orders to manage proceedings and set timelines for various stages of the litigation.
  • Bellwether Trials: Early trial cases, known as bellwether trials, gauge juries’ reactions to evidence and testimony, potentially guiding settlement efforts.
  • Ongoing Settlements: Many manufacturers have already entered into substantial settlements to resolve claims, as seen in the recent $116.9 million settlement with Johnson & Johnson and Ethicon.
  • Continued Filing: As affected individuals come forward, new cases may be added to the MDL, requiring continued attention from the managing courts.

Coordinating these actions in West Virginia’s federal courts underlines the significance of MDLs in handling large-scale legal challenges involving medical devices like transvaginal mesh.

ObTape Multidistrict Litigation (MDL)

The ObTape MDL addresses the legal claims arising from complications associated with the ObTape Transobturator Sling, offering a pathway for individuals to seek legal recourse.

First Transvaginal Mesh MDL Involving Mentor’s ObTape

Mentor Corporation’s ObTape Transobturator Sling was the focus of the first transvaginal mesh MDL.

This litigation consolidated numerous lawsuits alleging injuries caused by the medical device.

The plaintiffs experienced severe complications, leading them to seek compensation by filing vaginal mesh lawsuits.

An MDL was created to manage these cases efficiently due to their similar legal questions.

Key points to note:

  • The Mentor’s ObTape Transobturator Sling has been associated with complications.
  • Individuals filed lawsuits, which were consolidated into the first MDL for transvaginal mesh cases.
  • The centralization aimed to streamline the judicial process.

Current Status of ObTape MDL and State Court Claims

The ObTape MDL’s current status reflects a mature litigation stage, where many cases have been resolved, but some may still be pending.

Plaintiffs not included in the MDL have pursued claims in state courts.

Highlights of the current status:

  • State court claims often proceed independently alongside MDL proceedings.
  • Some individuals choose class action suits as an alternative to individual lawsuits.
  • The status of ongoing and resolved litigation can influence those considering legal action.
  • The outcome of MDL cases can set precedents for subsequent claims.

In the ObTape litigation, managing large groups of cases under MDL has provided a structured approach for individuals alleging harm from the medical device to get their day in court.

The judicial system has designed MDLs to handle these cases efficiently and effectively, allowing litigants to present grievances while streamlining the litigation process.

Pursuing a Transvaginal Mesh Lawsuit with Tru Law

When an individual faces complications from a transvaginal mesh implant, they may consider legal action.

This section outlines the necessities and preliminary steps for those looking to file a mesh lawsuit.

Eligibility Criteria for Filing a Mesh Lawsuit

Patients must satisfy certain criteria to determine if they can file a lawsuit concerning transvaginal mesh implants.

Individuals who have experienced adverse effects following the implantation might be eligible.

The eligibility for filing a mesh lawsuit typically includes the following:

  • Evidence of a Transvaginal Mesh Implant: Records affirming the implantation procedure occurred.
  • Pain or Injury Post-Operation: Document complications such as infection, bleeding, or pain after the implant placement.
  • Link to Pelvic Organ Prolapse: This demonstrates that the implant treated pelvic organ prolapse or similar conditions.
  • Timeline of Events: A clear account of when the complications began relative to the implant surgery.

Steps to Take Before Contacting a Transvaginal Mesh Lawyer at Tru Law

Before contacting a lawyer, one should prepare for a successful legal consultation.

To be best prepared, individuals should:

  1. Document Medical Complications: Keep a detailed record of all post-implant symptoms and treatments.
  2. Gather Medical Records: Compile all relevant healthcare documents, which include surgical reports, treatment plans, and evidence of visits for complications.
  3. Record Financial Impacts: List all financial burdens incurred due to the mesh complications, such as lost wages and medical expenses.
  4. Research Attorneys: Look for legal representatives with specific experience in transvaginal mesh lawsuits for guidance and representation.

Frequently Asked Questions

  • What are the common complications associated with mesh removal surgery?

    Complications from mesh removal surgery can include infection, blood loss, damage to surrounding tissues, and recurrence of the original condition the mesh was intended to repair.

    Post-surgery recovery may also involve pain management challenges and the need for additional corrective procedures.

  • How do I know if I'm experiencing mesh erosion and what are the signs?

    Signs of mesh erosion include persistent pain, discharge, bleeding, pain during intercourse, and urinary problems.

    If you are experiencing any of these symptoms, you must consult a healthcare professional immediately for an evaluation.

  • What are the differences between mesh exposure and mesh erosion?

    Mesh exposure refers to the mesh device becoming visible at the surface of the vagina, whereas mesh erosion indicates the mesh is wearing through the vaginal tissue or other organs.

    Both conditions can cause significant discomfort, infections, and complications affecting the quality of life.

  • What legal options exist for individuals with problems resulting from a mesh sling?

    Individuals with problems from a mesh sling may pursue legal action by filing a product liability lawsuit or joining a class action or multidistrict litigation if they suffered harm due to a defect in the design, manufacturing, or inadequate warnings about the risks associated with the device.

  • What factors influence the settlement amounts in bladder mesh lawsuits?

    Settlement amounts in bladder mesh lawsuits can be influenced by factors such as the severity of the injury, the extent of medical treatment required, loss of income, pain and suffering, and whether there was a failure to warn on the part of the manufacturer.

  • How do you determine eligibility for filing a hernia mesh failure lawsuit?

    Eligibility for a hernia mesh failure lawsuit is determined by factors including the timeframe of the implant, complications experienced, and the type and brand of mesh used.

    Establishing a nexus between the mesh and the complications may also require examining medical records and consulting with legal experts.

Written By:
Jessie Paluch
Jessie Paluch

Experienced Attorney & Legal SaaS CEO

With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three.  She spent the first decade of her career working as an international tax attorney at Deloitte.

In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.

In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!

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