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Frequently Asked Questions and Answers

Vaginal Mesh Settlement

Question:

How Much May Women Receive to Settle Lawsuits Over a Vaginal Mesh Sling Failure?

ANSWER:

Thousands of women throughout the United States are pursuing financial settlements against the manufacturers of transvaginal mesh and bladder sling products, after suffering erosion of the mesh into the vagina, damage to the uterus or other internal organs, pelvic pain and other complications following surgery to repair pelvic organ prolapse (POP) or female stress urinary incontinence (SUI).

All of the complaints involve similar allegations that the medical device manufacturers designed and sold defective and unreasonably dangerous products, failing to adequately warn women and the medical community about the risk of vaginal mesh failure.

Most of the lawsuits filed in the federal court system have been consolidated for pretrial proceedings, where they are being handled in a manner similar to how a vaginal mesh class action would proceed. However, each case remains an individual lawsuit and each plaintiff’s damages will be determined based on the individual circumstances in their case and how the mesh failure has impacted their health.

A series of “bellwether” trials are currently underway in the vaginal mesh litigation involving a number of different products, which are designed to allow the parties to gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout many cases.

Several juries have already awarded damages of several million for women who have had their case go to trial, including some cases that resulted in punitive damages designed to punish the manufacturers for their actions surrounding the sale of the products.

During the preparations for these trials, it is likely that the court will push the parties to engage in settlement negotiations to discuss resolving cases. If the vaginal mesh cases are not settled following a series of “bellwether” trials, then each of the lawsuits consolidated in the federal MDLs may be remanded back to the U.S. District Court where they were originally filed for trial.

Any negotiations to settle transvaginal mesh injury claims will be based on what a jury is likely to award in each case. If a lawsuit proceeds to trial, a jury will take into account the nature of the claimed injury, the severity of the damage and the economic impact of the injury from a vaginal mesh.

Some of the common factors that a jury may consider include:

  • The extent and duration of the injury suffered from a vaginal mesh complication;
  • The effect that the vaginal mesh injury had on the overall physical and mental health or well-being of the plaintiff;
  • The pain and mental anguish suffered in the past and which will likely be suffered in the future;
  • The amount of any past or future medical expenses caused by vaginal mesh complications;
  • Any lost wages or loss of earning capacity.

Find Out If You May Qualify for a Mesh Settlement

The lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for women who have experienced problems to help determine if they may be entitled to financial compensation through a transvaginal mesh or bladder sling settlement.

All claims are pursued on a contingency fee basis, which means that there are no out-of-pocket expenses to hire our law firm and we only receive an attorney fee if we are successful obtaining a settlement or recovery in the case.

To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.

UPDATED: November 18th, 2013 by Austin Kirk

8 Comments Add Your Comments

  1. I am male with implant of a hernial mesh and I am hurting .

  2. I had a hernia last year and when i move i hear crackling noise and my stomach hurt me in my sleep so bad and when ibend and move i can hear it.

  3. I am searching for the Attorneys from the San Diego area handliong this lawsuit. My mother was deeply affected by this procedure and they contacted us once and she sent her information in. We have since lost the p;aperwork containing thier information anyone if you know these3 lawyers please reply.

  4. Robert says:

    Have had an abdominal hernia and mesh repair. For the past couple of years i have had some type of wire, stitch or something that has been protruding from my bellybutton. When i bend or turn in some ways it sticks me and i am concerned about infection. Is this due to the mesh coming away from repair?

  5. I had a large surgical hernai repair done in 2011 and I called an attorney because of pain & infection (now it has to come out 3 week stay in hospital) The attorney I called said I don’t qualify for the suit since it was installed in 2011.

  6. I had the pelvic bladder sling put in October of 2011, manufactured by Boston Scientific for bladder prolapse and had another surgery a year later and a two dncs , I have constant pain in my pelvic area going around into my back followed by shooting pains that stop me in my tracks, now doctor says there is no mesh a new doctor I don’t want surgery again or the doctor who placed this in me to touch me searching for a doctor who will listen to me and my complications.
    have a lawsuit pending. but money isn’t going to heal my body back!

  7. I have pelvic mesh prolapse with mesh erosion into the vaginal floor. It causes severe pelvic pain, is bleeding, and the worst is the horrible foul smelling discharge. It has ruined my relationship of a 35 yr. marriage. No one can understand why I have to sit most of the time. I have an attorney and doctor. I was to have surgery today but developed a bladder infection and was having what I thought was severe arthritis pain in my hips and buttocks. I went to my arthritis doctor today. They thought it was probably referred pain from POP. I got a steriod shot and non narcotic injection. It has been hours, and I am still in severe pain. I am raising my 14 y.o. grand daughter. The lady that was going to keep her for 6 days , her mother died last night from ovarian cancer at 51. So,I am stuck until after Christmas. My doctor is 100 miles away and said with my surgery I would not be able to do anything for 4-6 wks. Ladies, if you had a repair for POP and you have pelvic pain or bleeding, GO TO A DOCTOR. I thought it was arthritis until I started bleeding and discharge. Then, I found the prolapse by finding a large knot. It now occludes the opening to my bladder, and I have to stand to urinate. I keep a bladder infection. Get help. I had trouble finding a doctor, had to get an attorney to find me one. I had surgery cancelled 4 times. For sure it was today,and now I am in a fix. I had a lady that worked for the attorney told me Friday that I probably would not get a penny after my attorney, medical bills, and travel expenses were deducted. A lady spills coffee at McDonalds and gets over a million dollars, and I have severe medical problems and get nothing. Does that sound fair. If we all will stick together, maybe someone will hear us. I have 3 kinds of mesh, all made by Bard, and all have failed.

  8. I had my first sling in 1998 it failed, had my second in 2008 then it failed and had to have revised surgery went through my vigina wall and my urthea. Nov 2013 a hole in my colon had a 1 ft removed. The hole time I have chronic bladder infection with blood, and discharge. I’, 49 an feel 80. I’ve been marrid 33 years and I have no sex life do to all the pain.Dr’s run and do not want to help they try to push you off to other Dr’s. I’m needing another surgery it is now bulging in my vigina again. I have so much pain everyday sitting or standing. I have atty too, but, it is taking so long with so many medical bills. Will it ever end? We do need to stand together and get together and push them to pay up for all the damages and servere pain. Let me know if there is somewhere we cn all talk about this and what atty we have. I’m really upset on how long this is taking. Annette

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