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