Transvaginal Mesh and the Current Status of Mesh Litigation
UPDATED: December 15, 2014
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If you are a woman who has been injured by a transvaginal mesh implant, it may be worth it to discuss your case with a knowledgeable and experienced mesh attorney. Mesh injury consultations are typically free and if you later file a successful lawsuit, you could improve your quality of life through a settlement or judgment. Recent mesh lawsuits have yielded substantial verdicts and settlements for the plaintiffs. In fact, manufacturers have been responsible for paying out multi-million dollar judgments, and some manufacturers have negotiated million dollar settlements.
Jury Verdict Against C.R. Bard Inc.
As device manufacturers see that juries are returning multi-million dollar verdicts, they become more willing to settle plaintiffs’ injury claims for fear of facing the jury. In July 2013, the first federal lawsuit was against transvaginal mesh device maker C.R. Bard, Inc. There was quite damaging evidence that Bard did not adequately test one of its implants (the Avaulta implant) in humans, and also did not use reasonable care in its design of the implant. The jury also concluded that Bard was at fault for failing to warn the plaintiff’s physician about the risks associated with use of the implant. The jury returned a verdict of $2 million against C.R. Bard, Inc.
American Medical Systems Settles for $830 Million
Recently, on May 1, 2014, American Medical Systems Inc. (AMS), a division of Endo Pharmaceutical, agreed to settle approximately 20,000 plaintiffs’ claims for up to $830 million. Previously, in a June 2103 settlement, AMS paid $54.5 million to an unspecified number of claims, before another Bard verdict was returned. AMS was one of several companies ordered by the FDA (Food and Drug Administration) to conduct post-market studies of surgical mesh in 2012.
Class Action Lawsuits
As more and more litigation progresses, other transvaginal mesh device makers are not wasting time to reach settlements, and juries are wasting no time in returning high verdicts in favor of the plaintiffs. Bloomberg News reported in March 2104, that Coloplast, the Danish transvaginal mesh device maker, agreed to settle approximately 400 lawsuits for $16 million. The plaintiffs involved in the Coloplast mesh device inserts case, on average, will receive $40,000 each. This is the difference between agreeing to be part of a large class action, versus attempting to be a sole plaintiff against a manufacturer.
Lawsuits Filed by Individual Plaintiffs
There are individual plaintiffs that have received very large lump sums in their favor. For instance, in July 2012, Christine Scott and her husband were awarded $5.5 million by a California jury after Christine underwent nine revision surgeries. Her lawsuit was against C.R. Bard in 2009 with regard to its Avaulta Plus mesh device product. Then, in February 2013, Linda Gross was awarded $11.1 million in her lawsuit against Johnson & Johnson’s Ethicon brand for its defective Prolift vaginal mesh product. Linda had 18 surgeries due to this product.
However, every transvaginal mesh injury case is different, and there is never a guarantee that there will be a favorable verdict or high settlement awarded simply for filing a claim, but contacting an attorney that specializes in these matters is an excellent first step in discovering all of your legal options.