Vaginal Mesh Recall
The FDA has never recommended that any vaginal mesh manufacturer recall any brand of vaginal mesh. Some vaginal mesh manufacturers have voluntarily discontinued vaginal mesh products or have taken them off the market, however. Vaginal mesh products that are no longer being sold in the United States include:
- Boston Scientific’s ProteGen Sling;
- Mentor Corporation’s ObTape;
- Ethicon’s Gynecare Prolift, Prolift+ M, TVT Secur and Prosima systems; and
- C.R. Bard’s Avaulta mesh products.
If you received a vaginal mesh implant and were injured as a result, you might be eligible for compensation from the mesh’s manufacturer—whether or not the particular brand of mesh your doctor used is still on the market. There are lawsuits by victims of several brands of vaginal mesh—some of which are still being sold in the United States—pending around the country.
Vaginal Mesh Settlements
In late June 2013 Endo Health Solutions announced that it will pay $55 million to settle an undisclosed number of lawsuits filed by women who claim they suffered serious injuries from vaginal mesh products manufactured by the company’s American Medical Systems unit (AMS).
Since the settlement agreements between Endo and the plaintiffs were private, and since Endo has not made public the number of cases it settled, exactly how much of the $55 million each AMS vaginal mesh victim received in unknown. Since there are still approximately 5,000 vaginal-mesh-injury cases pending against Endo in West Virginia federal court alone, however, it seems likely that relatively few plaintiffs were involved in the $55 million settlement agreement and that they therefore received a considerable amount of money each.
Vaginal Mesh Jury Awards
In early 2013, a vaginal-mesh-injury case didn’t settle and went to trial in New Jersey Superior Court. In the case, a former nurse named Linda Gross alleged that, as a result of having received a Gynecare Prolift vaginal mesh implant, a product manufactured by Johnson & Johnson’s Ethicon unit, she was no longer able to work and was in so much pain that she often spent most of the day in bed. The jury awarded her $3.35 million to compensate her for her lost wages, medical expenses, and pain and suffering.
In July 2012, another state court jury—this one in California—awarded another vaginal mesh victim hefty compensation for her injuries from a vaginal mesh implant manufactured by C.R. Bard.The plaintiff, who had endured eight surgeries by the time her case went to trial and faced countless more, received $5 million. The jury also awarded $500,000 to her husband, who claimed the mesh implant had “ruined their love life.”
Vaginal Mesh Multidistrict Litigation
There are thousands of vaginal mesh cases pending in the Southern District of West Virginia (S.D.W.Va.), where they are part of five separate multidistrict litigation actions (MDLs). There is an MDL in the S.D.W.Va. pending against each of the five following vaginal mesh manufacturers: C.R. Bard, American Medical Systems, Boston Scientific, Ethicon, and Cook Medical.
Each MDL consolidates hundreds of individual cases over alleged vaginal mesh injuries. MDLs are not class actions. The cases in MDLs are consolidated merely to make pre-trial administration, motions and discovery more efficient. Unlike class actions, in which all the plaintiffs split a single award, MDLs allow all of the plaintiffs to have their cases tried separately. Each plaintiff, therefore, gets the opportunity to receive a jury award or settlement amount that is commensurate with the extent of her actual losses and injuries.
There are also many vaginal mesh cases pending in state courts, particularly in New Jersey.
The Rottenstein Law Group Can Help Women Injured by Vaginal Mesh
The recent jury awards and settlement amounts received by vaginal mesh victims are proof that perseverance, plus compassionate representation by a qualified attorney, can lead to victory against faulty medical device manufacturers.
If you or someone you know has had surgery for pelvic organ prolapse or another type of pelvic surgery that involved the implantation of surgical mesh, and is experiencing symptoms consistent with malfunction, contact an experienced attorney to see whether you or the person you know has grounds to file a lawsuit against the manufacturer.
The Rottenstein Law Group has over 25 years of collective experience advocating for victims of dangerous drugs and defective medical devices, as well as other products liability claims. RLG is offering free, confidential legal consultations, and all you need to do is fill out this contact form or call this number, 1-888-976-8529, and one of our attorneys will call you as soon as possible.