Endo International, one of the major manufacturers of transvaginal mesh products, recently agreed to pay more than $400 million to women who were harmed by the devices. More than 10,000 lawsuits will be resolved in this settlement, with an average payout of about $48,000 per plaintiff. Transvaginal mesh lawyers at Pintas & Mullins Law Firm are happy to report on this settlement and who may be affected by it.
October seems to be a month of good news for those suffering from TVM complications; another major manufacturer, C.R. Bard, reported on a similar settlement agreement. This is a significantly smaller settlement, affecting about 500 plaintiffs who filed injury lawsuits against Bard. The company agreed to resolve these suits for about $21 million, averaging about $42,000 per plaintiff. The specific TVM product affected by this $21 million settlement is C.R. Bard’s Avaulta Transvaginal Mesh product, which has been removed from U.S. markets.
Generally, mass settlements like these have to be agreed to by 90-95% of those affected by it. Every woman who has filed a lawsuit against a TVM manufacturer – or is at all considering it – should carefully consider their options when a settlement is announced. Each case is different, with unique injuries and circumstances, and some cases may be better off going to a jury trial. This is something that should be discussed with your TVM attorney.
In one jury case against C.R. Bard, the plaintiff, Christine Scott, was awarded $5.5 million for her injuries. Only two other cases have been heard in jury trials over C.R. Bard TVM products. The company also makes the Composix Kugel hernia mesh, which is now named in hundreds of lawsuits.
The $400 million settlement mentioned above is just the latest in a series of settlements offered by Endo International. Endo manufactured the following TVM products:
â¢ Apogee Vault Suspension System â¢ Elevate Prolapse Repair System â¢ Monarc Sling System â¢ Perigee System â¢ Sparc Sling System
Despite billions of dollars in settlements, about 5,000 Endo TVM lawsuits remain pending in federal court.
Ethicon Inc., a subsidiary of Johnson & Johnson, is also facing hundreds of TVM cases, currently consolidated in federal court in Pennsylvania. The location is actually quite important in this litigation group, because of the extensive business J&J conducts in Pennsylvania, including with a polypropylene manufacturer that provided TVM parts to the company. That manufacturer, Secant Medical, has also been named as a defendant in the TVM cases.
J&J has tried several times to have the mesh cases dismissed completely, without success. There are nine other companies currently fighting TVM lawsuits in court. These products were officially deemed unsafe around 2008, after the FDA issued a safety alert about the serious complications associated with mesh products.
Another safety alert was issued in 2009, and by 2010 thousands of voluntary reports were submitted to the FDA. Two years later the agency ordered all nine TVM manufacturers to conduct official studies on the products to determine their actual risks. It is important to note that TVM products inserted through the abdomen were not subject to this FDA request.
As early as 2005, safety reviewers were warning patients that a significant number of women would suffer pain and infection from TVM products. Some of the other major complications include:
â¢ Erosion into the bladder, vagina, intestines and uterus
â¢ Urinary problems, including incontinence â¢ Urinary retention development â¢ Perforation of the bowel, bladder, or blood vessels â¢ Pain during sexual intercourse â¢ Fistulas â¢ Neuropathic pain
As evidenced here, the potential complications are severe and can affect women’s entire lives. Our team of all-female transvaginal mesh lawyers is currently investigating cases of serious injury from TVM products. If you or someone you love was implanted with a transvaginal mesh and have any questions regarding the side effects, contact our firm now for a free, confidential consultation. We accept cases nationwide and never charge any lawyers’ fees unless we are successful in your case.