Vaginal Mesh Lawsuits Continue to Surge in 2023: Victims Seek Justice for Complications and Injuries

BOSTON, MASSACHUSETTS – Vaginal mesh litigation has emerged as one of the most significant mass torts in recent history, with thousands of lawsuits filed against various transvaginal mesh (TVM) product manufacturers. In this article, we delve into the history of vaginal mesh litigation and provide an overview of the current landscape for individuals considering a vaginal mesh lawsuit in 2023.


In a recent case, a new vaginal mesh lawsuit was filed against Boston Scientific. The plaintiff underwent transvaginal surgery in November 2022 at TriStar Centennial Medical Center in Nashville, Tennessee, during which the Boston Scientific Solyx BlueSling System was implanted. This implantation caused significant pain, embarrassment, and harm to the plaintiff. Although a removal procedure was performed in July 2023, parts of the system remain attached to the plaintiff’s bladder, causing ongoing pain and suffering. The lawsuit alleges that the defendant failed to disclose known risks and did not provide adequate warnings about the potential dangers associated with the product.

Over the past year, 27 vaginal mesh product liability lawsuits have been filed against Boston Scientific Corp. in federal courts across the country. While most of these cases are still pending, a significant number have already been settled.

A Maryland woman recently filed a vaginal mesh lawsuit against Boston Scientific Corp. The plaintiff had an Advantage Fit transvaginal mesh implanted in 2020 for the treatment of vaginal prolapse. However, she experienced regular pain, discomfort, and urinary problems following the implantation. In 2023, she underwent surgery to have the mesh removed and is suing Boston Scientific based on theories of design defect and negligent failure to warn.

A lawsuit against Boston Scientific Corp. related to its pelvic mesh product, Obtryx, was settled in a Georgia federal court. The plaintiff claimed that the mesh caused debilitating pain and complications, and the terms of the settlement were not disclosed.

The court of appeals upheld a decision dismissing a woman’s vaginal mesh lawsuit due to her late submission of an expert opinion. The failure to meet the deadline resulted in the dismissal of her claims.

The court of appeals also upheld a $500,000 verdict in a pelvic mesh case against Coloplast Corp. The court concluded that the mesh device caused the plaintiff’s injury and rejected Coloplast’s argument that there was insufficient evidence of harm.

In a lawsuit against Coloplast, a woman was awarded $2.5 million for injuries sustained from her pelvic mesh implant. The jury found that the mesh was defectively designed, and Coloplast failed to provide sufficient warnings about its risks.

Origins of Vaginal Mesh Use and Problems:

Vaginal mesh is a medical device used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women. The use of mesh for POP repair began in the 1970s and expanded to treat SUI through a transvaginal approach in the 1990s. However, complications and injuries associated with mesh implants began to be reported soon after their introduction. Complications include mesh erosion, pain, infection, organ perforation, urinary problems, vaginal scarring, and recurrence of POP or SUI.

FDA Warnings and Public Awareness:

In response to the increasing reports of complications, the FDA issued a Public Health Notification in 2008, warning healthcare providers and patients about the potential risks of TVM devices. In 2011, the FDA released an updated safety communication, emphasizing the risks associated with TVM products for POP repair and the lack of evidence supporting their effectiveness. These FDA actions raised public awareness about the potential dangers of TVM devices.

Beginning of Vaginal Mesh Litigation:

The first transvaginal mesh lawsuit was filed in 2009, marking the beginning of vaginal mesh litigation. Since then, thousands of lawsuits have been filed against TVM manufacturers, alleging negligence, strict product liability, breach of warranty, misrepresentation, deceptive trade practices, failure to warn, and fraudulent concealment. Plaintiffs seek compensation for physical and emotional suffering, medical expenses, and lost wages.

MDL Class Action and Bellwether Trials:

Due to the large number of vaginal mesh lawsuits, federal cases were consolidated into several multidistrict litigations (MDLs) in 2012. These MDLs targeted specific manufacturers, streamlining the pretrial process. Bellwether trials were held to assess the strengths and weaknesses of the arguments and guide settlement negotiations.

Vaginal Mesh Verdicts:

Several vaginal mesh lawsuits have gone to trial, with plaintiffs winning substantial verdicts. Notable verdicts include $2.5 million against Coloplast, $500,000 against Coloplast, $80.5 million, $35 million, and $20 million against Ethicon (J&J), $57.1 million against Ethicon (J&J), $33 million against C.R. Bard, and $26.7 million against Boston Scientific. These verdicts highlight the significant compensation awarded to plaintiffs for their injuries.

Settlements and Continued Litigation:

Many vaginal mesh manufacturers have negotiated global settlements to resolve large blocks of cases. Despite these settlements, thousands of vaginal mesh lawsuits remain pending against various manufacturers. The FDA’s regulatory actions and increased scrutiny have led to changes in the medical community’s approach to treating POP and SUI.

FDA Actions and Regulatory Changes:

In response to safety concerns, the FDA ordered post-market surveillance studies, reclassified TVM devices for POP repair to class III (high risk), issued safety communications, and restricted the sale and distribution of TVM devices. The FDA also convened an independent review panel and proposed reclassifying TVM devices for SUI repair.

Vaginal Mesh Litigation in 2023:

Vaginal mesh litigation is ongoing, with thousands of lawsuits pending against various manufacturers. Healthcare providers now use non-mesh alternatives for POP repair and exercise caution when using TVM products for SUI treatment.

Legal Allegations in Vaginal Mesh Lawsuits:

The main legal claims in current vaginal mesh lawsuits include negligence, strict product liability, breach of express and implied warranty, misrepresentation, deceptive trade practices, failure to warn, and fraudulent concealment. These claims hold the manufacturers accountable for the harm caused by their mesh implants.

Current Status of Vaginal Mesh Class Action Lawsuits:

Most cases in the vaginal mesh class action MDLs have been settled, with 95% of the cases resolved. However, new vaginal mesh lawsuits continue to be filed outside of the MDLs.

Eligibility for Filing a Vaginal Mesh Lawsuit:

Individuals who have experienced complications or injuries related to a vaginal mesh implant within the last few years are still eligible to file a vaginal mesh lawsuit. Statutes of limitations vary by state, but the clock starts ticking from the date of the first occurrence of complications.

Joining a Vaginal Mesh Class Action:

The vaginal mesh class action MDLs are now closed to new cases. However, individuals who have suffered injuries due to a vaginal mesh implant can still file a product liability lawsuit independently.

Eligibility for a Vaginal Mesh Settlement:

Eligibility for a vaginal mesh settlement typically requires having suffered injuries and received treatment for complications related to a vaginal mesh implant. The amount of settlement compensation can vary based on the severity of injuries and the age of the plaintiff.

For more information and a free consultation on vaginal mesh lawsuits, individuals can contact our national product liability lawyers.