Transvaginal Mesh Settlements & Verdicts
The Sanders Firm is working with plaintiffs to recover potentially record-setting payouts from transvaginal mesh manufacturers whose products have caused widespread injury and internal damage to thousands of plaintiffs across the country. Transvaginal mesh was supposed to offer support for women suffering from stress urinary incontinence and pelvic organ prolapse – but for many, this promise turned into a nightmare, requiring multiple revision surgeries and causing lasting harm. We understand the pain you’ve been through and aim to make it right! Contact an experienced transvaginal mesh lawyer from The Sanders Firm to get your complaint started.
Transvaginal mesh verdicts
So far, we’ve seen record jury awards.
The following transvaginal mesh lawsuits ended in huge awards:
- $1.2 million – A Texas jury found Ethicon and parent company Johnson & Johnson liable when a mesh sling eroded inside 64-year-old Linda Batiste. The woman suffered pelvic pain, sexual dysfunction, and internal organ damage. Jurors determined that the transvaginal mesh sling was improperly designed. Johnson & Johnson is planning an appeal.
- $2 million – A West Virginia jury ordered C.R. Bard to pay Donna Cisson, who underwent multiple surgeries to address chronic pain, bleeding and bladder spasm complications from the Avaulta mesh.
- $5.5 million – Christine Scott and her husband won a 2012 C.R. Bard transvaginal mesh lawsuit. The women underwent eight revision surgeries when the Avaulta Plus mesh pierced her colon. She continues to suffer from ongoing medical problems like incontinence, pain and sexual dysfunction.
- $11.1 million – A NJ state court ruled that parent company Johnson & Johnson must pay plaintiff Linda Gross for damages associated with the Ethicon’s Gynecare Prolift mesh. After initially being implanted with the mesh, the plaintiff suffered mesh erosion, inflammation, severe chronic pain, neurological complications, permanent sexual dysfunction, scarring, and the inability to sit for more than 20 minutes at a time. She underwent 18 revision surgeries.
Transvaginal mesh settlements
In August 2014, C.R. Bard settled out-of-court with Wanda Queen on the first day of trial for an undisclosed sum. In September 2014, the company made settled a complaint filed by Melanie Virgil for an undisclosed sum a week before the scheduled trial. In March 2014, Coloplast agreed to set aside $16 million to settle the transvaginal mesh lawsuits against them. Bloomberg News reports that Boston Scientific and Endo Health Solutions are also involved in possible settlement discussions with plaintiffs.
A successful transvaginal mesh lawsuit requires the best legal counsel
Even though the early settlement offers and first batch of trials against transvaginal mesh manufacturers look very promising, there is no guarantee of a slam-dunk case. Plaintiffs still need to seek expert legal counsel in order to win.
In February, U.S. District Judge Joseph Goodwin of Charleston, West Virginia threw out Carolyn Lewis’s case against Johnson & Johnson. Like many others, Ms. Lewis claimed that her transvaginal mesh sling implanted to treat urinary incontinence was improperly designed. However, Judge Goodwin said that the woman’s transvaginal mesh attorneys “failed to present sufficient evidence to support her claim that a defect in the device caused her injury.”
In another case, Judge Goodwin found that the plaintiff’s surgeon failed to educate her on a possible link between her injuries and transvaginal mesh manufactured by Boston Scientific, thus causing her to miss the statute of limitations in California. This case underscores the importance of timely filing for transvaginal mesh lawsuits. Each state’s statute of limitations varies, but a good transvaginal mesh lawyer will be able to tell you whether you meet the legal requirements to file.
Don’t just call any old attorney! Call The Sanders Firm whose experience and reputation is well suited for winning a complex transvaginal mesh lawsuit. We have more than 45 years of experience in trial litigation, including a big win against medical giant Merck for the now-recalled Vioxx.
How to file a transvaginal mesh lawsuit
If you or a loved one has been injured by transvaginal mesh, filing a legal claim against the manufacturer is the first step your attorney will take. The formal complaint will contain factual allegations and state legal claims for compensation. A transvaginal mesh lawsuit may be filed in state or federal court.
In some instances, cases are moved from state court to federal multi-district litigation (MDL) proceedings. Your lawsuit will be heard by the same judge who is presiding over thousands of similar cases. You can benefit from the pooling of resources from lawyers across the country when you’re part of an MDL.
Currently, the following MDLs apply to transvaginal mesh lawsuits:
- MDL 2187: C.R. Bard, Inc. (7,096 lawsuits pending)
- MDL 2325: American Medical Systems Inc. (16,515 lawsuits pending)
- MDL 2326: Boston Scientific Corp. ( 9,776 lawsuits pending)
- MDL 2327: Ethicon, Inc. (14,679 lawsuits pending)
- MDL 2387: Coloplast Corp. (1,267 lawsuits pending)
- MDL 2440: Cook Medical, Inc. (173 lawsuits pending)
- MDL 2511: Neomedic (25 lawsuits pending)
With MDL, the judge sets several early “bellwether” trials. This helps both sides identify areas of strengths and weaknesses in their cases, and also sets the tone for the rest of the proceedings. Sometimes settlement offers from defendants follow. Other times, the cases are remanded back to state courts for individual hearings.
Call our transvaginal mesh attorneys for a free consultation
Contact a Sanders Firm transvaginal mesh attorney to find out when bellwether trials are scheduled and whether there have been any settlement offers you should know about. We’ll lend a sympathetic ear during your time of need and answer any questions you may have. We also provide a free case review and work on a contingency basis, so you won’t pay anything unless you win.
- QMed, Johnson & Johnson Wins Out in Vaginal Mesh Lawsuit, http://www.qmed.com/news/johnson-johnson-wins-out-vaginal-mesh-lawsuit
- LexisNexis Legal Newsroom Litigation, Judgment As Matter Of Law Granted In 1st Ethicon Pelvic Mesh Bellwether Trial, http://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/archive/2014/02/18/judgment-as-matter-of-law-granted-in-1st-ethicon-pelvic-mesh-bellwether-trial.aspx
- Bloomberg, Bard, Doctor Ordered to Pay $5.5 Million Over Implant http://www.bloomberg.com/news/2012-07-24/bard-must-pay-5-5-million-over-vaginal-mesh-implants.html
- Reuters, Jury awards woman $7.76 million punitive damages for J&J mesh http://www.reuters.com/article/2013/02/28/us-johhnsonandjohnson-award-mesh-idUSBRE91R14P20130228
- New Jersey Star-Ledger Jury says Johnson & Johnson must pay $1.2M over defective vaginal-mesh implant http://www.nj.com/business/index.ssf/2014/04/post_285.html
- New Jersey Star-Ledger - Judge throws out J&J vaginal mesh lawsuit http://www.nj.com/business/index.ssf/2014/02/judge_throws_out_jj_vaginal_mesh_lawsuit.html
- JPML – Pending MDLs http://www.jpml.uscourts.gov/pending-mdls-0
- Bloomberg News - Bard, Vaginal-Mesh Makers, Said to Be in Settlement Talks, http://www.bloomberg.com/news/2013-09-30/bard-vaginal-mesh-makers-said-to-be-in-settlement-talks.html
- Bloomberg News – Bard Said To Settle Vaginal Mesh Case Set For Trial http://www.bloomberg.com/news/2013-09-14/bard-said-to-settle-vaginal-mesh-case-set-for-trial.html
- Bloomberg News - Coloplast Said to Pay $16 Million to Settle Vaginal-Mesh Suits http://www.businessweek.com/news/2014-03-04/coloplast-said-to-pay-16-million-to-settle-vaginal-mesh-suits