Serious complications are a reality for many women who received transvaginal mesh to address pelvic organ prolapse (POP) or stress urinary incontinence (SUI).
According to studies, 15 out of 74 women reported experiencing at least one complication following transvaginal mesh surgery. These complications, including chronic pain, mesh erosion, and infection, can significantly impact their quality of life.
This article explores transvaginal mesh lawsuits — a legal avenue women are pursuing to hold manufacturers accountable and seek compensation for these complications.
What is Transvaginal Mesh?
Transvaginal mesh is a medical device historically used to treat POP and SUI by reinforcing weakened pelvic floor muscles. Surgeons implant the mesh vaginally to reinforce weakened pelvic organs or the urinary sphincter.
Why The Lawsuits?
A UK study on transvaginal mesh surgery raised concerns about communication between doctors and patients. Reviewing 18 cases, researchers found women may not have been fully informed about the procedure or potential risks. Medical notes were unclear and sometimes misleading. This lack of communication led to mistrust.
The report recommends clearer language and better explanations for patients considering mesh surgery. Additionally, a comprehensive registry for mesh removal procedures is proposed to improve communication and future care.
The prevalence of adverse effects following transvaginal mesh implantation has ignited public worry and fueled a wave of lawsuits. As per TorHoerman Law, many women who received transvaginal mesh implants have reported experiencing severe side effects, including:
- Chronic pain
- Mesh erosion (where the mesh cuts into surrounding tissue)
- Bleeding
- Infection
- Organ perforation
- Difficulty with sexual intercourse
These complications can necessitate additional surgeries and ongoing medical care, causing significant physical and emotional distress.
A research article published in the Journal of Women’s Health highlighted the psychological impact of these complications, including anxiety, depression, and loneliness. The physical consequences of mesh complications frequently caused difficulties with sexual activity and intimacy in relationships.
What are Women Hoping to Achieve with Lawsuits?
A transvaginal mesh lawsuit is primarily meant to hold manufacturers accountable for:
- Defective products: Lawsuits may allege the mesh design or materials were inherently flawed, leading to complications.
- Failure to warn: Manufacturers may be accused of inadequately informing doctors and patients about the potential risks associated with the mesh.
Through lawsuits, women seek compensation for medical expenses associated with treating complications and/or lost wages due to missed work. This also includes being compensated for the pain, suffering, and emotional distress.
A UK woman, Yvette Greenway-Mansfield, received a record £1 million settlement after complications from a 2009 vaginal mesh implant. The court ruled the surgery at Coventry Hospital was unnecessary and her consent form was tampered with.
Greenway-Mansfield endured pain, bleeding, and incontinence after the mesh eroded. While the settlement offers some relief, she emphasizes the need for a national support system for women harmed by mesh implants.
Current Landscape of Transvaginal Mesh Lawsuits (2024 Update)
Nationwide, thousands of such lawsuits have been filed against various manufacturers. A significant portion (95%) of these cases consolidated into a federal Multidistrict Litigation (MDL) in West Virginia have reached settlements by 2024.
While the MDL has closed, individual lawsuits are now proceeding through state courts across the country.
A couple of manufacturers have settled with plaintiffs, bringing a significant portion of the lawsuits to a resolution. For instance, in March 2023, Boston Scientific Corp. agreed to pay $189 million to settle claims with 47 states that it deceptively marketed its vaginal mesh devices.
Many lawsuits are still ongoing, working their way through the court system. The complexity of these cases and potential appeals can extend the litigation process for years.
FAQs
Do transvaginal mesh lawsuits face challenges?
There’s ongoing debate regarding the exact cause of complications and whether the mesh itself is inherently flawed. This makes establishing manufacturer liability challenging. Medical records may be incomplete or scattered across different providers. Complications from mesh implants can develop years after surgery, making it difficult to establish a clear timeline of events.
What are alternative options to vaginal mesh lawsuits?
While lawsuits are a common route, some women may explore other options. Reporting your experience through the FDA system can contribute to a larger database and potentially influence regulatory decisions regarding transvaginal mesh. If you’re experiencing complications, consulting with a doctor about mesh removal surgery may be an option.
Are there resources available to help women affected by transvaginal mesh?
The American Association for Justice (AAJ) maintains a directory of lawyers specializing in medical device litigation, which can help you find legal representation. The FDA website provides information on transvaginal mesh, including patient safety information and resources for reporting complications. Support groups can be invaluable for navigating the challenges associated with mesh complications
While lawsuits cannot erase the physical and emotional suffering caused by transvaginal mesh complications, they can be a crucial step for some women on the road to healing. Victories like Yvette Greenway-Mansfield’s hold negligent healthcare providers accountable and can provide financial compensation to help manage ongoing medical needs.
Additionally, these cases raise public awareness about potential risks associated with transvaginal mesh and the importance of informed consent. By bringing these issues to light, lawsuits can empower future patients to make informed decisions about their healthcare.
(Disclaimer: This content is a partnered post. This material is provided as news and general information. It should not be construed as an endorsement of any investment service. The opinions expressed are the personal views and experience of the author, and no recommendation is made.)
