Since 2011, transvaginal mesh lawsuits have been fairly common. The mesh was originally used to address pelvic organ prolapse (POP) and stress urinary incontinence (SUI). These conditions are generally seen in older women. The mesh was designed to be a permanent solution, and implanting it was considered a relatively low-risk procedure.
Transvaginal Mesh Becomes a Huge Problem
Nearly 300,000 women received these implants by 2010. In 2011, however, the U.S. Food and Drug Administration issued a public safety warning about this type of product. A number of manufacturers were affected by the public safety warning, and they have come under legal scrutiny. The product has been shown to erode into the vaginal walls or other organs. It can also move, protruding into the vaginal canal.
Thousands of lawsuits resulted, involving at least five large companies. Many companies are working with the victims to arrange settlements, but some cases are headed to court. Transvaginal mesh lawsuits have generally been successful, and a skilled lawyer is important.
Successful Transvaginal Mesh Verdicts
Cases that do end up going to trial have had some very significant verdicts. Below are a few examples:
- Federal Court West Virginia in 2014: $3.27 million
- Federal Court New Jersey in 2013: $11 million (plus $1.2 million in state court)
- Federal Court West Virginia in 2013: $2 million
- California State Court in 2012: $5.5 million
- Federal Court West Virginia in 2014: $18.5 million
- Federal Court Florida in 2014: $26.7 million
- Texas State Court in 2014: $73 million
To ensure the best results, your choice of a lawyer is extremely important. If you or a loved one has suffered from the pain and discomfort of transvaginal mesh, you owe it to yourself to look into your legal options.
Delaware Court Announces Largest Verdict to Date
A recent case arising from Delaware State Court also had favorable results. The case involved a woman who had surgery in 2009 to implant the mesh. She had serious complications after the implant that required two additional surgeries. Doctors will be unable to remove parts of the vaginal implant from her body. She will likely experience pain from the implant for the rest of her life.
She sued Boston Scientific for several claims, which are common in transvaginal mesh lawsuits. These claims included:
- Negligent product design
- Negligent manufacturing
- Failure to warn
- Breach of implied warranty of merchantability
- Fraud (and related fraud claims)
- Violations of the Delaware consumer protection law
- Loss of consortium
The Delaware jury awarded her $100 million. The jury awarded $25 million in compensation (medical expenses, loss of wages, etc.) and $75 million in punitive damages (damages that are designed to punish the wrong-doer). This is the largest award against Boston Scientific or any other transvaginal mesh manufacturer. Boston Scientific has expressed their intention to appeal the case, including the amount of damages.
Transvaginal Mesh Claims and Lawsuits
If you or a loved one has been affected by complications related to a transvaginal mesh implant, you have legal rights. A lawyer who is experienced in transvaginal mesh lawsuits can provide the resources you need to assert those rights. Christopher Dixon, a St. Louis transvaginal mesh attorney, would love to help you. Call 855-552-2337 for a free case evaluation.
Latest posts by Christopher Dixon (see all)
- Third Jury Awards More Than $70 Million in Talcum Powder Case - October 28, 2016
- Johnson & Johnson’s Link To Ovarian Cancer - June 24, 2016
- Stryker Hip Implant Lawsuits Are Not Over Yet - June 3, 2016