Transvaginal Mesh Settlements: What You Should Know

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 lawsuits stem from patients experiencing severe complications like pain, infection, and tissue erosion that significantly impact their quality of life, leading to substantial settlements from manufacturers.
  • Major manufacturers like Johnson & Johnson, Boston Scientific, and C.R. Bard have faced multimillion-dollar settlements for their transvaginal mesh products due to allegations of insufficient risk disclosure and deceptive marketing practices.
  • Individuals considering a transvaginal mesh lawsuit should consult with an experienced attorney who can evaluate their eligibility, gather necessary medical documentation, and navigate the complex legal process to seek just compensation for their injuries.

Overview of Transvaginal Mesh Settlements

On this page, we’ll discuss transvaginal mesh settlements, factors that may impact transvaginal mesh settlement amounts, how to maximize your compensation in a transvaginal mesh lawsuit, and much more.

Transvaginal Mesh Settlements What You Should Know

Intro to Transvaginal Mesh Settlements

Some of the key aspects of transvaginal mesh settlements include, but are not limited to:

  • Severity of Injuries: Settlement amounts often depend on the extent and severity of the plaintiff’s mesh-related complications and damages.
  • Medical Expenses: Compensation for past and future medical costs related to mesh complications is a significant component of many settlements.
  • Lost Wages and Earning Capacity: If mesh complications have impacted the plaintiff’s ability to work, settlements may include compensation for lost income and earning potential.
  • Pain and Suffering: Non-economic damages, such as pain, suffering, and loss of quality of life, are often factored into mesh lawsuit settlements.

If you’ve suffered complications from a transvaginal mesh implant, you may be eligible for significant compensation through a mesh lawsuit settlement.

Contact Tru Law using the chat on this page for a free case evaluation to learn more about the potential value of your transvaginal mesh claim and the settlement process.

Table of Contents

Notable Outcomes in Transvaginal Mesh Settlements

Transvaginal mesh is a medical device used to treat pelvic organ prolapse and stress urinary incontinence in women.

Transvaginal mesh cases have led to a series of lawsuits due to complications caused by the implant.

Entities like Johnson & Johnson and its subsidiary Ethicon, Inc., were involved in a mesh settlement in which they agreed to pay out millions due to deceptive marketing practices, as acknowledged by several Attorney Generals.

Notable outcomes in this area include:

Reasons for Filing Transvaginal Mesh Lawsuits

The reasons for filing vaginal mesh lawsuits often stem from patients experiencing adverse effects post-implantation, which they were not adequately warned about.

Such effects can be life-altering and include severe pain, infection, tissue erosion, and urinary problems.

The largest transvaginal mesh settlements involve:

  • Claims for failing to disclose risks of the vaginal mesh device resulting in restitution to impacted individuals.
  • Legal actions against manufacturers for misrepresenting, insufficient instructions, and marketing of their transvaginal mesh devices, as seen in the action from Attorney General Bob Ferguson against Boston Scientific.

The patterns seen in these vaginal mesh case outcomes point to manufacturers bearing responsibility for their mesh device complications and marketing oversights, leading to significant financial and legal repercussions.

Complications from Transvaginal Mesh Implants

The introduction of transvaginal mesh implants brought about a significant evolution in the treatment of pelvic organ prolapse and stress urinary incontinence.

However, a range of vaginal mesh complications that occurred with these surgical mesh devices have been documented, presenting varied challenges for affected women.

Common Issues Experienced by Women with Mesh Implants

Transvaginal mesh implants aim to provide structural support to weakened pelvic tissues, yet they can lead to multiple complications.

Below are some of the common issues that have emerged:

  • Mesh erosion, also known as mesh exposure, is a frequent complication where the mesh wears through the vaginal lining.
  • Women may suffer from chronic pain, which can be severe and interfere with daily activities.
  • Vaginal scarring and shrinkage from the mesh may lead to reduced vaginal functionality and painful intercourse.
  • There have been instances where vaginal mesh complications led to recurrent urinary tract infections due to irritation or injury.

Long-term Effects of Transvaginal Mesh Complications

Over time, transvaginal mesh complications can result in more persistent health issues that go beyond the immediate postoperative period.

Here are some long-term effects reported by women:

  • Long-term complications can include organ perforation, where the sharp edges of the mesh puncture adjacent organs.
  • Vaginal mesh injury may necessitate additional surgeries, sometimes requiring complete mesh removal.
  • Women may experience severe complications and injuries leading to a chronic condition that affects their quality of life.
  • Complications involving pelvic mesh have often required legal action, with numerous transvaginal mesh settlements reported.

Manufacturers Involved in Transvaginal Mesh Settlements

In the wake of numerous lawsuits, key manufacturers have faced settlements over the alleged harm caused by their transvaginal mesh products.

Major Companies Named in Mesh Lawsuits

Boston Scientific and Johnson & Johnson’s subsidiary Ethicon are among the major companies implicated in transvaginal mesh settlements.

They are just a portion of the larger group of vaginal mesh manufacturers that have been brought to court.

Here’s a breakdown of some of the settlements:

  • Johnson & Johnson: Faced a $116.9 million settlement due to misleading marketing practices related to the safety and effectiveness of its mesh devices.
  • Boston Scientific: Agreed to pay $188.6 million in a multistate settlement due to allegations of deceptive marketing.
  • C.R. Bard Inc.: Partook in a $60 million multistate settlement to resolve an investigation into its marketing practices.

Specific Products Linked to Transvaginal Mesh Settlements

Certain products stand out due to the volume of cases and the settlements reached in court.

Here are a few notable vaginal mesh products linked to legal actions:

  • Boston Scientific’s pelvic mesh products
  • Ethicon’s transvaginal surgical mesh devices
  • Products from American medical systems involved in litigation
  • Various devices by unnamed vaginal mesh makers that have been subject to court rulings

Compensation Amounts in Transvaginal Mesh Settlements

Recent transvaginal mesh settlements reflect these medical devices’ serious impacts on patients’ lives.

Compensations have been substantial, acknowledging the lasting harm caused by these products.

Range of Payouts Awarded in Mesh Lawsuits

The financial compensations in transvaginal mesh settlements vary significantly and have reached millions.

Here are key figures that have emerged from recent settlements:

  • The California Department of Justice announced a staggering settlement of $188.6 million as part of a multistate settlement.
  • Another high-profile pelvic mesh case resulted in a $116.9 million settlement with Johnson & Johnson and their subsidiary Ethicon, Inc.
  • A sum of $60 million was agreed upon in a multistate settlement with C.R. Bard Inc.
  • In Washington, a recovery effort allowed consumers to claim a share of a $9.9 million recovery.
  • Arizona received $2.8 million in penalties from Johnson & Johnson and Ethicon, Inc. as part of a larger national settlement.

Factors Influencing Transvaginal Mesh Settlement Amounts

Women who have suffered complications from transvaginal mesh implants may be entitled to compensation.

The amount of a settlement depends on the specific circumstances of each case.

Several factors affect the settlement amounts in transvaginal mesh cases:

  • Extent of Injury: The severity and permanence of the injuries are pivotal in determining settlement figures.
  • Impact on Quality of Life: How the mesh has affected a patient’s daily living and well-being influences compensation.
  • Employment: If the injury impacted the patient’s ability to work, settlements often reflect this economic loss.
  • Medical Expenses: The settlement calculation typically includes past and future medical costs associated with the injury.
  • Legal Precedents: Results of earlier vaginal mesh lawsuits often set benchmarks that influence new transvaginal mesh settlements.

These instances indicate that the legal system takes each mesh settlement case seriously, quantifying the harm inflicted upon patients and penalizing responsible entities accordingly.

Eligibility for Filing a Transvaginal Mesh Claim

Those seeking restitution through transvaginal mesh settlements must be aware of specific criteria to determine their eligibility to file a claim.

Adherence to these guidelines is essential for individuals to pursue compensation successfully.

Criteria for Pursuing a Mesh Settlement

If you received a transvaginal mesh implant to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI) and subsequently experienced complications, you may be eligible for compensation.

Here’s what you need to consider:

  1. The individual must have received a vaginal mesh implant for pelvic organ prolapse (POP) or stress urinary incontinence (SUI).
  2. Documentation or medical records must corroborate the surgical procedure and the mesh product used.
  3. Complications linked directly to the transvaginal mesh, such as pain, bleeding, or additional surgeries, should be evident.
  4. The filing must occur within the statute of limitations, which varies by state—knowledge of relevant deadlines from new vaginal mesh lawsuits is paramount.
  5. An association with existing vaginal mesh class actions or individual vaginal mesh lawsuits may influence eligibility.
  6. Prospective vaginal mesh plaintiffs should not have received compensation for the same claim previously.

Importance of Consulting with a Qualified Attorney

A qualified attorney plays a pivotal role in guiding both prospective and current vaginal mesh plaintiffs through the legal process.

Key reasons to seek legal counsel include:

  • An attorney can provide a detailed analysis of one’s case against the backdrop of recent woman’s vaginal mesh lawsuit settlements.
  • Legal expertise can ensure the right strategy is chosen, whether to join a vaginal mesh class action or file a new vaginal mesh lawsuit.
  • Lawyers can navigate the specifics of one’s medical situation and tie them to the vaginal mesh case parameters.
  • A seasoned legal professional can negotiate settlements and advocate for an individual’s rights and interests in court if necessary.

Engaging with an attorney with a clear track record in handling similar cases can be integral to achieving a favorable outcome.

Process of Filing a Transvaginal Mesh Lawsuit

When seeking justice for complications from transvaginal mesh, understanding the lawsuit process is essential.

This will set the stage for individuals to effectively pursue transvaginal mesh lawsuit settlements.

Steps Involved in Initiating a Mesh Claim

Filing a mesh lawsuit involves several key steps.

Here’s a look at what claimants need to know:

  1. Seek Legal Counsel: Individuals should consult with an attorney experienced in mesh lawsuits, who can evaluate the case.
  2. Medical Documentation: Gather thorough medical records linking injuries to the transvaginal mesh.
  3. Filing a Complaint: The attorney files a lawsuit in the correct jurisdiction.
  4. Multidistrict Litigation (MDL): Often, these claims are consolidated into an MDL, like the transvaginal mesh MDL in the Southern District of West Virginia.

Timeline for Reaching a Transvaginal Mesh Settlement

While some cases reach settlements quickly, others take significantly longer.

The path to a settlement can vary greatly, depending on both sides’ willingness to negotiate.

The path to a settlement can vary greatly, and these are some typical phases:

  • Discovery Process: Both sides exchange information and build their cases.
  • Pre-Trial Motions and Hearings: Courts may address legal challenges before trial.
  • Settlement Discussions: Negotiations might lead to a settlement before the case goes to trial.
  • Trial: If negotiations fail, the case goes to trial, which could take years.

Each vaginal mesh lawsuit follows its course, influenced by the United States Judicial Panel on Multidistrict Litigation and specifics of the case.

Success of Transvaginal Mesh Lawsuits to Date

The transvaginal mesh lawsuits have seen many cases filed, leading to substantial settlements for those affected by mesh-related complications.

Number of Cases Filed Against Mesh Manufacturers

The battle in the courts against mesh manufacturers has been vigorous, with thousands of lawsuits filed across multiple states.

Here are some examples of legal action taken against mesh manufacturers:

  • California’s Department of Justice announced a substantial settlement, providing an example of the extensive legal actions taken.
  • A groundbreaking $344 million judgment by a California Superior Court against Johnson & Johnson for their surgical mesh products.
  • Further legal actions include rendering a multimillion-dollar verdict against the same company.
  • Many of these cases are grouped into larger, multi-state settlements, indicating widespread legal challenges for manufacturers.

Total Value of Transvaginal Mesh Settlements Reached

The settlements have provided financial compensation to many individuals affected by transvaginal mesh complications.

Key points on the settlements include:

  • One of the manufacturers, Boston Scientific, agreed with a coalition of 48 attorneys general.
  • Involved a $60 million agreement with C.R. Bard Inc. in September 2020.
  • Johnson & Johnson and Ethicon Inc. settled for $116.9 million with 41 states and the District of Columbia.
  • The total value of settlements reached across these various lawsuits reflects the severity of the allegations and underscores a pattern of accountability for the manufacturers involved.

Choosing the Right Transvaginal Mesh Lawyer

Selecting a transvaginal mesh lawyer is a significant step for those seeking justice for complications arising from surgical mesh intended to treat pelvic organ prolapse.

These legal professionals should not only be well-versed in the nuances of vaginal mesh lawsuits based on faulty medical devices. Still, they should also empathize with the physical and emotional distress caused by such surgical procedures.

Qualities to Look for in a Mesh Attorney

Finding the right legal representation after a complication from vaginal mesh is crucial.

You need an attorney with the experience and resources to navigate the complexities of these cases and fight for the compensation you deserve.

When looking for a vaginal mesh lawyer, certain attributes stand out:

  1. Experience in handling mesh lawsuits shows proficiency in tackling specific challenges of such cases.
  2. A track record of successful settlements or verdicts indicating that the lawyer can effectively secure compensation for medical expenses and other damages.
  3. Resources to thoroughly investigate these complex cases, including access to medical experts and the latest legal precedents.
  4. Transparent communication, ensuring clients are kept informed throughout the process.

Benefits of Working with Experienced Transvaginal Mesh Lawyers

Facing complications from transvaginal mesh can be overwhelming.

Seasoned attorneys bring calmness to the storm by handling the legal battle, allowing you to focus on healing.

Working with seasoned attorneys provides several advantages:

  • They understand the intricate details of medical device litigation, essential for building a strong case.
  • These lawyers are adept at articulating the extent of harm caused by a defective vaginal wall mesh, important for illustrating patient strife.
  • Experienced lawyers can strategically negotiate settlements for all incurred and future medical expenses.
  • They provide peace of mind, allowing individuals to focus on recovery while the legal aspects are handled with dexterity and care.

Frequently Asked Questions

  • What is the statute of limitations for filing a bladder sling lawsuit?

    The statute of limitations for filing a bladder sling lawsuit varies by state but typically ranges from one to six years.

    It is essential to consult with a legal professional to understand the time limit applicable in the jurisdiction where the transvaginal mesh surgery took place.

  • What complications are associated with vaginal mesh implants?

    Complications associated with vaginal mesh implants may include infection, mesh erosion, chronic pain, urinary problems, and painful intercourse.

    These complications can significantly impact a patient’s quality of life and may require additional surgical interventions.

  • What are the latest updates on bladder sling lawsuits?

    As of recent updates, major manufacturers have faced significant litigation, resulting in multi-million dollar settlements.

    For example, Washingtonians can now file claims to receive restitution from surgical mesh recoveries, and the Johnson & Johnson settlement impacting many states reflects ongoing accountability efforts in this area.

  • What is the average compensation awarded in bladder mesh lawsuits?

    Though compensation varies, the average settlement in bladder mesh lawsuits ranges from thousands to hundreds of thousands of dollars.

    Each case’s award depends on the severity of complications and the impact on the claimant’s life.

  • How are pelvic mesh lawsuit settlement amounts typically calculated?

    Pelvic mesh lawsuit settlement amounts are typically calculated based on factors such as the severity of injuries, cost of medical treatments, lost wages, and pain and suffering.

    Each settlement is unique to the plaintiff’s circumstances and the extent of damages incurred.

  • What has been the outcome of recent Ethicon pelvic mesh settlements?

    Recent Ethicon pelvic mesh settlements have resulted in substantial compensation for claimants, including a $116.9 million multistate settlement and a significant payout to Arizona for penalties and consumer education.

    These outcomes highlight states’ proactive measures to address the misleading marketing of such medical devices.

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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