NEW YORK CITY – Vaginal mesh litigation has emerged as one of the largest mass torts in recent memory, with thousands of lawsuits filed against multiple transvaginal mesh (TVM) product manufacturers. As we enter 2024, understanding the history of the vaginal mesh litigation and the steps involved in bringing a lawsuit is crucial. Additionally, victims seeking compensation may be interested in estimated average settlement amounts and jury payouts for successful claims.
In recent news related to vaginal mesh, a study conducted in the Czech Republic found a potential benefit for using transvaginal mesh in pelvic organ prolapse (POP) surgery. Out of 48 participants, roughly 80% reported improved sexual function after the surgery, offering some encouraging news for those considering transvaginal mesh implants.
However, legal issues surrounding vaginal mesh persist. In December 2023, a new lawsuit was filed against Boston Scientific, alleging significant pain, disfigurement, and harm resulting from the implantation of their Solyx BlueSling System. The plaintiff underwent a removal procedure, but parts of the system remained attached, causing ongoing pain and suffering.
The lawsuit claims that the defendant continued to promote the product as safe and effective without sufficient clinical trial support. It further alleges that the defendant failed to disclose known risks and neglected to warn of potential dangers associated with the products. These allegations support the argument that the products were defectively marketed, given the known safety concerns.
It is worth noting that vaginal mesh litigation against Boston Scientific Corp. is not an isolated incident. Over the past year, 27 product liability lawsuits have been filed against the company in federal courts across the country, with most cases still pending. In addition, a Maryland woman recently filed a vaginal mesh lawsuit against Boston Scientific Corp, citing regular pain and urinary problems following an implantation procedure.
Settlements have been reached in many previous vaginal mesh cases. In 2013, American Medical Systems settled approximately 20,000 lawsuits for a total of $1.6 billion. Subsequent settlements were reached by Coloplast, C.R. Bard, and Boston Scientific Corp., compensating victims for their injuries.
The onset of the vaginal mesh litigation can be traced back to the late 2000s when the first lawsuit was filed. Thousands of lawsuits soon followed, alleging negligence, strict product liability, breach of warranties, misrepresentation, deceptive trade practices, failure to warn, and fraudulent concealment. These claims are brought against TVM manufacturers who are accused of neglecting their duty to exercise due care in the design, testing, and marketing of the devices.
In response to growing concerns about the safety and effectiveness of TVM products, the FDA has taken action to increase regulatory oversight. The FDA ordered manufacturers to conduct post-market surveillance studies and reclassified TVM devices for POP repair as high risk. In recent years, the FDA has also issued safety communications and convened review panels to evaluate the risks and benefits of TVM devices.
While thousands of vaginal mesh lawsuits have been settled, the litigation is ongoing. Women who have experienced complications or injuries related to vaginal mesh implants in recent years may still have grounds to file a lawsuit. Factors such as the severity of injuries and the age of the plaintiff can influence potential settlement amounts, with estimates ranging from $150,000 to $450,000 for successful cases.
If you or a loved one have suffered complications from a vaginal mesh implant, it is important to consult with a qualified attorney to discuss your legal options. Our national product liability lawyers are available for a free consultation to assess and guide you through the process of filing a vaginal mesh lawsuit. Contact us today to learn more.