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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, the court has been pushing to parties towards settlement negotiations to resolve cases. A number of individual settlement agreements have already been reached, and several manufacturers have announced global deals to settle large volumes of cases.

Despite the settlements, thousands of cases continue to move forward to trial and new lawsuits continue to be filed. If all of the different manufacturers do not reach agreements to settle vaginal mesh lawsuits following a series of “bellwether” trials set throughout 2014, hundreds of individual cases may be remanded back to courts throughout the country for simultaneous trial dates in 2015.

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: June 18th, 2014 by Austin Kirk

24 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 have (3) transvaginal meshes in me, 2, by one company, ! by another.
    I ALREADY HAVE AN ATTORNEY.

    My body is always septic, 1- 2 week visits to Hospital, for rounds of antibiotic treatments, until I can get the Mesh revision surgery…
    There are nights I stay awake I run such high fevers from being Septic, as all the bacteria good, bad, or indifferent collect in the mesh, and that is not counting the damage this does to one’s other organs, I have so much other damage inside me due to the mesh, my colon, kidneys, liver. FOOD and sleep are my worst enemies at this point, as the nausea is constant, my urinary track is worse than ever. Colon damage, I have a severe rectocele in my colon tract, and my feces collects in that rectocele. I always feel like I am in full blown labor from the pressure, my hip muscles are damaged as that is where they hooked the mesh. FDA AND PHARMACEUTICAL COMPANIES KNEW BEFORE they ever started using it in the USA that it was a dangerous and faulty product, as EUROPE had banned these said MESH products from useage 2-5 years before it was ever used in th USA. The FDA & PHARMACEUTICAL COMPANIES hid these dangerous affects from the public out of GREED…

    The FDA never did the proper testing that should have been done, instead they used us as their testing GUINEA PIGS, AND RATS. The MESH products were piggybacked into useage on the SMALL hernia patches. They the FDA and PHARMACEUTICAL COMPANIES knew that even the small hernia patches were have adverse affects.

    and OUR so called GOVERNMENT just sticks their heads in the sand, as IGNORANCE is BLISS to them…

    i am scared on a daily basis that I am going to die, I know about death, but this has been put upon us VICTIMS by NO FAULT OF OUR OWN…Human instinct is to trust. I am now on SSI, and State Medical from the MESH. I am paying living hell to even find a UROGYNECOLOGIST that takes my MEDICAL INSURANCE.

    I am a young 55 year old woman and I have had the Mesh in me for over 7 years, and the longer it is in me the more dangerous and SEPTIC i, am my body become. I know how many women have died from the Transvaginal MESH, and I know how many have committed SUICIDE as the PAIN is so unbearable at times. I am at times bedridden for a week or so. None of us VICTIMS deserved this…
    This is like a never ending most intense flu like symptoms, multiplied.

    And the palm greasing $$$ payoffs going back and forth from FDA’s, PHARMACEUTICAL COMPANIES, and even doctor’s is so UNGODLY DISGUSTING, TO JUST KEEP QUIET.

    THEY ALL GOT THEIR $$$$ MONEY & THEN SOME when they put the products in, NOW THEY WANT US TO REPAY TO GET THE MESH OUT, AND THEIR ARE ONLY A HANDFUL OF DOCTORS (UROGYNECOLOGISTS), THAT TAKE OUR MEDICAL, AS MANY OF US are now disabled. GREED, GREED GREED, ATTORNEYS GET OUR MONEY, NOW THEIR ARE FINANCE COMPANIES THAT WILL FINANCE YOU AGAINST YOUR IMPENDING SETTLEMENT IF YOU EVEN GET ONE, compounded @ 3 1/2% per DAY.

    WOW we victims are being victimized over & over again, by ALL THE PLAYERS IN THIS GAME OF THEIRS.. GREED, personified at the expense of us GUINEA PIGS VICTIMS..

    BEWARE THERE are many drugs, and products out there now that the FDA AND PHARMACEUTICAL COMPANIES ARE PUSHING ON EACH AND EVERYONE OF US WITHOUT THE PROPER TESTING. THEY ARE NOW USING ALL OF US AS GUINEA PIGS instead of RATS, ETC.

    THE MESH IS MADE OUT OF THE SAME COMPONENTS AS the BACKING OF CARPETING. THAT IS POISON IN ITSELF…THE MESH IS PRODUCED BY CHEVRON PHILIPS CORPORATION, if that tells you anything…

    I DID ASK MANY MANY QUESTIONS, the Dr.’s said it was the safest thing going..

    7 years of my life have been lost, not counting I have lost everything else car, home fiance, and more..

    I WILL BE DAMNED THAT I WILL DIE WITHOUT GETTING THE REAL TRUTH OUT THEIR REGARDING OUR INFAMOUS FDA, AND PHARMACEUTICAL COMPANIES..

    I AM BASICALLY FIGHTING FOR MY LIFE, I will be going back to the HOSPITAL today or tomorrow, for another 1-2 of antibiotic treatments, but my body is also getting immuned to those treatments.

    all I can do now is have “FAITH in GOD”, as NO ONE IS TRULY OUT THERE TO TRULY LISTEN, AND HEAR US VICTIMS PLIGHT FOR HELP.

    I THOUGHT DOCTORS TOOK AN OATH TO SAVE LIVES NOT HELP TO TAKE LIVES…

    POST THIS PLEASE AS A WARNING TO ALL CONCERNED PEOPLE DOCTORS, ETC..

    YOU ARE ALL MAKING DAMN GOOD MONEY AT THE VICTIMS EXPENSE…

    THERE IS SO MUCH MORE I COULD TELL YOU ABOUT REGARDING THE MESH PROBLEMS, but as I sit hear writing I THINK THIS ALL FALLS ON DEAF, DEAF, EARS.

    P.S. I DON’T WANT TO DIE YET, TRULY, MY BODY IS FAILING ME…FROM THE MESH, AND BEING SEPTIC.

    LISA

  9. 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

  10. Just Brown says:

    I never question what the side effects may have been just put all my trust in a person called Doctor who was doing the best for me, so know that I can’t control my bladder and stay in pain like most of the time. I can only think who approved this solution.

  11. My husband was in an accident. He not only had mesh implanted but has also had 5 hernia surgeries that involved mesh being used. He is always in pain. I need to know if you also represent male cases or know of someone that does.

  12. My transvaginal mesh to correct POP was in 2007. It is my understanding that too much time has passed to file suit. I have had 3 subsequent surgeries, including a Medtronic implant device to control urination. The last surgery was in 2012. My doctor made a bladder sling out of abdominal muscles. I have had nothing but pain and embarrassment since the day I had my first surgery. I have missed several weeks of work having surgery an then recuperating. Sex is a thing of the past as far as I can see. The last surgery did not fix the problem and although my doctor attempted to remove the mesh she was unable to remove all of it. So……

  13. Virginia says:

    To Lisa: I am so sorry you are going to so much pain. You are so right!!!! We were guinea pigs. I had a mini-arc bladder sling implanted on Jan. 2013 when i had my hysterectomy. My bladder prolapsed 3 months later and I have extreme sorness between my legs, the bladder (which is outside of my vagina) swells up and looks a extra jumbo egg (shape of the bladder) and I now have limited my activities. I am married so you know no relations with my husband. They should be compensated also!!!! I get constipated, my back is started to hurt, whenever i get out of a car, I am so sore due to sitting that I walk like I just got off of a horse. We have had to cancel two trips because I cannot sit for an extended period of time. It’s like you are sitting on a ball. I am also becoming very tired. We women deserve better. This is not fair and it’s time we took a stand on the pharmaceutical companies who use us. I will pray for you and all of us women who are undergoing this problem. God bless you and with his grace you will soon be healed. May the blood of Christ flow upon you and may Mother Mary help all of us. Virginia

  14. Why is it too late I’ve been overseas I haven’t even heard about it till I got back recently that they were even having a lawsuit the problems for life on my can’t believe they’re even put a time limit on it

  15. I was supposed to have bladder reconstruction (transvaginal mesh to repair POP) last Tuesday, but had to postpone temporarily. I like my Gynecologist & she assures me they have a new product that will not cause the same problems, but I’ve done more research now & I am scared to death. I understand that some women have gotten Bladder Cancer! I’ve talked to 2 women recently who have had 2 bladder slings & BOTH have failed. Originally, I thought I could have the DaVinci without the sling, but the doctor said with the tilted position of my bladder, I would most likely have a problem leaking. I don’t have that now, but I’m afraid I’ll “deliver” my bladder at WalMart or the gym some day soon! I’m a widow of 6 years who reconnected with my high school sweetheart. I’ve been inorgasmic most of my adult life & although this is TMI, I’m thrilled to report that at 64, I have multiple G-spot orgasms!!! I don’t want to lose that! I am getting stressed out & depressed about this. I have to do something…soon…but what?

  16. The time limit is from the time you are diagosed as having the medical problems being related to the product. While mine was placed in 2007, I only learned that the ongoing and worsening symptoms I have were from the mesh and I was scheduled for surgery shortly after to have it removed. Therefore my case was actionable yet; it was filed in late 2013. Don’t assume you don’t have a case if you recently found out that medical problems are related to the mesh! Consult an attorney.

  17. I am one of the victims of a damaged bladder T-Sling that was put in me on May of 2011. I have seen 4 different urologists to see if I can get this fixed and because of other health issues that I have they refuse to do a reversal. I have at least 2-3 UTI’s every month and the constant antibiotics I have to take tear my stomach up to the point I am in constant pain. I have foul smelling discharges severe pain, and of course absolutely NO intercourse. I have an understanding husband but how much longer can he put up with my inability to do so many things without enduring terrible pain. I have been seeing a therapist and he is bewildered by the length of time it is taking the lawyers and courts are taking to try to settle for some type of compensation, although no amount of money will fix my problems or take away the pain..I am not taking any narcotic pain meds except for muscle relaxers and mild anxiety meds. My hips hurt and the doctor wants me to start using catheters which are also painful but are supposed to cut down on the amount of UTI’s I get each month. I pray all the time that not only mine but everyone affected by the defective meshes gets some relief and compensation for pain , suffering and mental anguish suffered do to someone elses incompetence. I got a lawyer over 2 years ago and my case hasn’t even been filed with a court as yet ad they cannot tell me when it will be. Is there anyone out there that can help us that have been hurt most of which will be for the rest of lives. God Bless all who are suffering too! My prayers and thoughts go out to You all!

  18. My mesh was put in in July 2010. Within 6 mos I had lots of pain and discomfort. Sex was something I had to prepare myself for. It would be very painful and last for days after. I found a doctor over 100 miles away and he said he could help. He has done 1000’s of them so I was very comfortable with my choice. Good news… Mesh was removed 6 days ago!! Bad news…. It took 6 hours and there is a piece of a metal anchor about half the size of a piece of rice that is so far into the tissue it can not be removed. I only hope that it will not cause problems. Doc said he called manufacturer during the surgery and they said it would not cause any problems. Like they are gonna say it would anyway. They said the sling was safe. I truly hope that the law will make sure we are compensated for our pain and the companies have to own up that they did something wrong. God Bless

  19. I had my uterus removed and a pelvic mech placed in 2001 at the age of 32. While that placement my bladder was nicked. My worst nightmare began. I started having severe pelvic pain, urinary problems,Constipation, bowl pain. No physical activity for me. I was basically bedridden. After seeing numerous DR.s. For my pain I got some relief from a urologist. She
    did a bladder Instalation. That’s when they inject pure heparin into your bladder to stop the spams. I had to endure this painful procedure without anesthesia because I have problems with anesthesia. The outcome was worth it. I was then diagnosis with Interstial Cysititis( inflammation within the lining of the bladder. In 2008 my symptoms got worst. I was walking humpback could barley walk. Every time I coughed or sneezed it felt like a knife ripping through my intestines.Went to several DR.s and they would just give me pain meds and bed rest. My GYN had moved to California and I went to see the GYN that assisted her. I had to have surgery within a couple of days. My ovaries had cyst. It was suppose to a simple surgery to remove ovaries about an hour. I was in surgery the DR came out and told my husband it’s a mess in there the surgery will take longer then expected around 6 hours. The mesh from 2001 had eroded and caused adhesions, scar tissue,and adhered my bowls to my abdominal wall. Another mesh was placed in 2008. Still having pelvic pain, painful sex,. Constipation urinary problems. I am disabled because of this. As wife and a mother of 3 girls, my life was stolen from me. For 13 years I suffered in pain and agony. Many times I felt suicidal because the pain is unbearable. I have to be strong for my girls and pray that this pain would go away.

  20. I had a bladder sling operation on july 28 2014 and I am still suffering with small amounts of urine leaking. I can no longer have sex with my boyfriend of 15 years . It just hurts too bad. I also feel outside of my body.

  21. To the women with sore hips the sling is attached to each hip like a hammock and if this shrinks it pulls the hips inward I had the sling removed and the relief was immediate. I was to the point of tears when I walked, I don’t think it would of been much longer before I wouldn’t be able to walk at all thank god for my Doctor

  22. In March of 2009 I had surgery to repair POP and SUI. The urologist used a pelvic mesh to make a bladder sling…he words ” a hammock “. He informed me before the surgery that less than 10% of the women who have the procedure have to either leave with a catheter or learn to cath themselves. Well, I fell into that percentile…I left with the cath along with vaginal packing. That was one of the most painful nights of my life! I went back the next day and had both removed. Unfortunately, I already had an infection! I have kept infections, pain, discharge and horrible odor. Sometimes it smells like there is something rotting inside me. I have severe cramps, stop you in your tracks, doubling over kind of pain. NO sex at all. And now, I’m scheduled to have my ovaries removed. I started bleeding after a hysterectomy 16 yrs ago. Ultrasound showed cysts on my ovaries. My gyn thinks the bleeding is from my bladder or urethra. Removal of the ovaries is a process of elimination. Next step will be the urogyn. I have had so many things happen and go wrong with me since the mesh was inserted. I know the manufacturer of it, just read a letter that said they were going to pay out around 16 million to the women who have their product inside them. That breaks down to around 40,000.00 per person. I’m 46 yrs old and can expect to have these issues all my life, and that doesn’t include any revision surgeries. I’m not a greedy person, but I’m sorry, 40,000.00 isn’t enough. Not for what I’ve been through and will continue to go thru. I want more, in addition to ALL medical costs related to this issued paid for, for the rest of my life! I know I have mentioned many issues that have arisen due to this mesh, but I haven’t mentioned them all. I urge all women, if you have the mesh, to have it checked. Don’t wait until it’s to late.

  23. If anyone knows of an attorney in VIRGINIA that handles the mesh lawsuits I would be very grateful and appreciative if you could guide me in that direction. My sister lives in Virginia and I live in NJ. She has been through pure hell and back numerous times due to the hernia mesh thing. She needs major assistants with filing a lawsuit so I’m trying to do the bulk of it for her. The doctor didn’t expect her to live. I could honestly write a book on the whole horrid nightmare.

  24. franki h. says:

    Oct282014 I am having some issues with my bladder sling.I had my surgery in09 and I’ve had pains off and on along with oder,leakage,and urinating on myself.My hips have been in such horrible pain I cannot even sleep at night and I didn’t know this could be from the mesh.I had talked to an attorney in feb2014 but changed my mind bc I wasn’t sure if my mesh had actually failed.Well now I know it has! Not only has it failed my bladder is bulging out of my vagina causing alot of pain.I tried to get my doctor who put it in to check it in jan.2014 but since I had no insurance his office woman told me to find another doctor and would not let me make an appointment.I called today and demanded an appointment bc my bladder is bulging out and WOW now I have the appointment tomorrow morning.I am going to hate it if I have to have this mesh removed not a happy camper right now.And I have picked back up with the attorney had no other choice!

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