Transvaginal Mesh (TVM) is a type of surgical mesh typically made from polyester or polypropylene used to treat pelvic organ prolapse (POP), stress urinary incontinence (SUI) and other similar health problems in women. Specifically, transvaginal mesh is used to reinforce the weakened or damaged tissue in the vaginal wall to repair POP or support the urethra to treat SUI.
Thousands of women have suffered serious and permanent bodily injury as a result of defects with transvaginal mesh and have sought legal representation for personal injury claims against the manufacturers.
Patients Misled by Manufacturers' Claims
Women who have experienced the devastating side effects of defective transvaginal mesh products have repeatedly claimed that they were misled by statements made by the various manufacturers about the products' safety, effectiveness, and potential for side-effects.
In July 2011, the Food and Drug Administration (FDA) issued an urgent warning to both medical providers and consumers to alert them of the dangers of surgical mesh products. Furthermore, the FDA warning specifically urged surgeons to find alternative means of treatment for Pelvic Organ Prolapse and SUI.
Various side effects commonly experienced by women who have received transvaginal mesh products include:
- Mesh Erosion;
- Vaginal Scarring;
- Serious Infection;
- Perforated Bowel, Bladder, or Blood Vessel;
- Recurring Pelvic Organ Prolapse or Stress Urinary Incontinence;
- And other serious conditions.
Johnson & Johnson (Ethicon)
Johnson & Johnson's Ethicon unit has been by far the most frequent target of federal lawsuits regarding bodily injury and other damages from transvaginal mesh products. The company recently settled four individual claims in January 2015 for undisclosed amounts after several lawsuits led to verdicts in the victims' favor, including:
- A West Virginia jury declared a $3.2 million verdict for a woman who suffered permanent injuries from the company's Ethicon Gynecare TVT mesh.
- A woman in New Jersey received an $11 million verdict after sufering permanent injuries from J&J's Ethicon Gynecare Prolift.
- A Texas woman received a $1.2 million jury verdict for similar injuries involving a Johnson & Johnson mesh product.
American Medical Systems
American Medical Systems Inc. (AMS) is a unit of Endo Pharmaceuticals, and recently agreed to settle an unspecified number of claims for personal injury from transvaginal mesh for a total of $54.4 million. AMS was among the numerous companies explicitly ordered by the Food and Drug Administration (FDA) to conduct post-market studies of transvaginal surgical mesh products in 2012.
AMS has been the target of thousands of lawsuits related to women who were seriously and permanently injured by the company's transvaginal mesh products. In May of 2014, AMS settled more than 20,000 claims with various plaintiffs' law firms totalling approximately $830 million.
The first jury trial against transvaginal mesh manufacturer C.R. Bard resulted in a $2 million jury verdict in favor of the plaintiff, who alleged that the company did not adequately test its products and failed to use reasonable care in its design. The company appealed the decision, which was upheld in January 2015.
C.R. Bard has defended itself in several other jury trials, resulting in multi-million-dollar verdicts in favor of the plaintiffs. In December 2014, U.S. District Judge Joseph Goodwin explicitly urged C.R. Bard to reach settlement agreements in more cases in order to avoid the costs of lengthy trials, which would likely result in the plaintiffs' favor. The company has begun settling many of the outstanding cases against it.
Coloplast is a transvaginal mesh manufacturer located in Denmark. In 2014, Coloplast paid out approximately $16 million to settle more than 400 lawsuits filed by women who received the company's transvaginal mesh inserts in order to treat pelvic organ prolapse. The plaintiffs in those claims received an average of $40,000 per claim.
Compensation for Transvaginal Mesh Injury Victims
Thousands of injured women have filed personal injury lawsuits in state and federal courts throughout the United States after having been injured by the defective products sold by these manufacturers. If you have suffered serious and/or permanent injury as a result of transvaginal mesh, it may be in your best interest to consult with a qualified attorney as soon as possible.
It is important for victims who have suffered serious and permanent injuries from transvaginal mesh to understand that each individual case is unique, and therefore there is no guarantee regarding the likely outcome of a potential claimant's case. That being said, the attorneys at Davis Law Group have an excellent track record of representing victims of personal injury and will be able to explain your legal rights and help you better understand your options moving forward.