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