Transvaginal Mesh Settlements and Claims
With only two transvaginal mesh (TVM) trials completed and found in favor of the injured patients, TVM victims nationwide are feeling more encouraged and hopeful that they will get the compensation they deserve.
The first two trials – against Johnson & Johnson’s Ethicon division and C.R. Bard -- were found in favor of the TVM patients. The juries in the separate cases found the TVM manufacturers negligent in designing and marketing their faulty products and failed to warn patients of the dangers.. One woman was awarded $5.5 million and the other was awarded $11 million.
Nearly 15,000 women have already filed claims against the major mesh manufacturers:
- Johnson & Johnson’s Ethicon
- C.R. Bard
- Boston Scientific
- American Medical Systems
At the same time, some of the smaller manufacturers, including Tyco and Mentor, are facing litigation. Injured patients are outraged that they were implanted with medical devices that were never tested on live humans. Instead, many of the mesh manufacturers depended on animal and cadaver studies to get their products approved by the U.S. Food and Drug Administration. The two benchmark trials thus far have brought some insight into birth and growth of TVM.
Transvaginal Mesh Jury Awards
- In June 2012, a jury awarded a California woman and her husband $5.5 million in their case against Bard. The woman, Christine Scott, 53, had undergone TVM surgery using Bard’s Avaulta Plus mesh in 2008. Almost immediately, she started having painful and stressful side effects. The device cut into her colon and she was forced to using a catheter to urinate, suffered in immense pain and was unable to have intercourse. Scott endured nine revision surgeries and eight other procedures to remove the mesh to no avail. During the trial, researchers revealed that the Bard device was tested on 16 rats, 12 rabbits and four sheep.
- In February 2013, Linda Gross, a former nurse, was awarded $11.1 million for injuries caused by her TVM implant. Gross, 47, had the Ethicon Prolift mesh device implanted in 2006 to repair a pelvic organ prolapse (POP). In the years that followed, Gross endured searing pain, tissue and nerve damage and sexual dysfunction. She said the mesh formed a hard band around her abdomen that was so tight it caused stretch marks. She underwent nine revision surgeries and eventually had a pain medication pump installed. She developed an infection and had a spinal stimulator installed to help her urinate normally. During the trial, researchers revealed that doctors in France knew about the problems with TVM years before the device was introduced in the United States. Also, Dr. Charlotte Owens, Ethicon’s worldwide medical affairs director, said there never a procedure in place on how to remove problematic mesh despite knowing there were patients that would suffer mesh complications.
Transvaginal Mesh Settlements
With just two mesh trials completed and thousands more scheduled in the coming months, many legal analysts are wondering if mesh manufacturers will offer financial settlements instead of taking cases to trial. If this happens, it could be good news for mesh victims. Injured women will be able to get funds to pay for past, current and future medical bills, lost wages and pain and suffering.
If you or a loved one has been implanted with vaginal mesh, now is the time to file a lawsuit. The two previous trials underscore the reckless disregard that medical device manufacturers had when making TVM. Most, if not all, of the TVM manufacturers never cared enough to test their devices on live women to see how it would affect them. Instead, they depend on lab animals. Then, during the trials, they tried to blame the women for not doing enough research regarding TVM and using the faulty devices. The victims did not cause this problem. Medical manufacturers, lured by corporate greed, caused the problem.
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