Surgical mesh is a medical device that is generally used to repair weakened or damaged tissue. It is made from either porous absorbable or non-absorbable synthetic material or absorbable biological material. In urogynecologic procedures, surgical mesh is permanently implanted to reinforce the weakened vaginal wall to repair:
- Pelvic organ prolapse (POP): a condition in which the pelvic organs become weak or stretched. When POP occurs, organs, such as your bladder, bulge into and sometimes past the vaginal opening, causing pain and discomfort
- Stress Urinary incontinence (SUI): A common problem in which a person can leak urine when doing things like coughing, sneezing, or laughing. This is typically caused by weakened urethra as a result of weakened pelvic muscles.
Lawsuits, Verdicts and Settlements:
There are two consolidated litigations underway for C.R. Bard and Ethicon transvaginal mesh lawsuits in New Jersey’s Atlantic County Superior Court. One consolidated litigation has been established for Boston Scientific Corporation in the Superior Court of Massachusetts. All five manufacturers involved are subject to the jurisdiction of the United States District Court for the Southern District of West Virginia, Multidistrict Litigation (MDL). As of now, over 40,000 individual lawsuits have been filed and are pending nationwide.
There have been some substantial jury verdicts.
- Plaintiffs Christine Scott and her husband won a jury verdict of $5.5 million against C.R. Bard, Inc. in 2012.
- Then in 2013, a jury ordered Ethicon, Inc. to pay over $11 million to Plaintiff Linda Gross for her injuries as well as compensation to her husband, Jeff Gross, for his loss of consortium claim.
- In June 2013, American Medical Systems’ parent company, Endo Health Solutions, agreed to pay $54 million to settle an undisclosed number of mesh lawsuits.
- In August 2013, a jury in the MDL ordered C.R. Bard to pay a total of $2 million in damages to a Georgia woman who claimed the device damaged her organs.
Countless women have been implanted with pelvic mesh to alleviate the symptoms associated with POP and SUI. Unfortunately, many of these same women have been injured by the pelvic mesh, suffering from mesh erosion through the vagina (also called exposure, extrusion, or protrusion), pain, infection, bleeding, pain during sexual intercourse, organ perforation, and urinary problems. There are also reports of recurrent prolapse, neuro-muscular problems, vaginal scarring/shrinkage, and emotional problems. Many of these complications require additional intervention, including medical or surgical treatment and hospitalization.
However, the women are not the only ones who suffer from an injury; their spouses and loved ones suffer along with them. Many of the lawsuits filed include a claim for Loss of Consortium, which is the inability to have marital relations, which can have a substantial impact on a marital relationship. Because there is no monetary loss in these instances, the monetary value of the situation must be assessed by the jury.
If you or someone you love has been severely or permanently injured as the result of the pelvic mesh, please contact us at Aschraft & Gerel, LLP. Our skilled team of product liability litigation attorneys have taken on some of the nation’s leading manufacturers. Our attorneys are members of the court-appointed committees, staying on the cutting edge of this ever changing legal landscape throughout the United States. As one of the nation’s largest plaintiff-only firms, we also have the resources to hire the best experts available to help ensure we give you nothing but the best legal service. To contact us, you can call us at 800-829-7037 or fill out an online form.