Chicago Transvaginal Mesh Lawyer
Transvaginal mesh has been known to cause serious medical complications for women. As a result, lawsuits have been brought against the manufacturers of transvaginal mesh implants, including Johnson & Johnson (J&J), C.R. Bard, Ethicon, Boston Scientific, and American Medical Systems.
At Ankin Law, our experienced Chicago medical class action attorneys represent victims of unsafe medical devices, including transvaginal mesh. When you retain our legal team, you will benefit from:
- 24/7 Access to our team
- 100 years of combined experience
- A FREE case review
- NO legal fees unless we win
The use of transvaginal mesh has led to medical complications for women. Call Ankin Law to hold the at-fault party accountable. (312) 600-0000
Table of Contents
What Is Transvaginal Mesh?
Transvaginal mesh is a medical device used in the surgical treatment of pelvic organ prolapse (POP) and stress urinary incontinence (SUI), conditions that affect the pelvic floor in women. It is made from synthetic materials, typically polypropylene, and is designed to provide support to weakened or damaged tissue in the pelvic region.
How Is Transvaginal Mesh Used?
Transvaginal mesh is surgical mesh implanted through the vaginal wall. It acts as a scaffold, providing structural support to pelvic organs such as the bladder, uterus, and rectum. This support helps to keep these organs in their proper place, addressing issues like prolapse, where the organs sag or drop into the vaginal canal, and stress urinary incontinence, where there is involuntary leakage of urine due to increased abdominal pressure from activities like coughing, sneezing, or exercising.
What Does Transvaginal Mesh Do?
The primary function of transvaginal mesh is to reinforce the pelvic floor by providing a permanent solution to the structural weaknesses that lead to POP and SUI. When implanted, the mesh integrates with the body’s tissues, creating a supportive network that helps to:
By reinforcing the vaginal wall, transvaginal mesh helps to elevate and support the prolapsed organs, reducing symptoms like pelvic pressure, discomfort, and bulging in the vaginal area.
Unlike traditional suturing methods, which might fail over time, the synthetic mesh offers a more durable and long-lasting solution to pelvic floor repair, thereby reducing the likelihood of prolapse recurrence.
By addressing the physical symptoms of POP and SUI, transvaginal mesh can significantly enhance the quality of life for affected women, allowing them to engage more comfortably in daily activities and sexual intercourse.
Usage in Surgery
Transvaginal mesh is used during minimally invasive surgical procedures. Surgeons insert the mesh through small incisions in the vaginal wall, positioning it to support the targeted pelvic organs. The procedure aims to provide immediate and lasting relief from the debilitating symptoms associated with pelvic floor disorders.
What Are the Health Risks of Transvaginal Mesh Use?
Transvaginal mesh, while designed to provide durable support for pelvic organ prolapse (POP) and stress urinary incontinence (SUI), has been associated with significant health risks. These complications have led to heightened scrutiny and legal action.
Mesh Erosion
One of the most serious complications is mesh erosion, where the mesh gradually wears through the vaginal wall or other surrounding tissues. This can lead to severe pain, infection, and bleeding. In some cases, the mesh can even protrude through the vaginal wall, necessitating further surgical intervention to remove or repair the mesh.
Chronic Pain
Chronic pelvic pain is a common issue for many women with transvaginal mesh implants. This pain can be persistent and debilitating, affecting daily activities and overall quality of life. Pain during sexual intercourse, known as dyspareunia, is particularly distressing and can impact intimate relationships.
Infection
The introduction of a foreign material like synthetic mesh can be a focal point for bacterial infection. Infections can be localized or spread, requiring antibiotics or additional surgeries to address.
Organ Perforation
During the insertion of the mesh or as a result of erosion, the mesh can perforate nearby organs such as the bladder, urethra, or intestines. This can cause severe complications, including urinary problems, bowel obstruction, and the need for complex surgical repairs.
Recurrent Prolapse or Incontinence
Despite the intended durability of transvaginal mesh, patients may experience a recurrence of prolapse or incontinence. The mesh might fail to provide adequate support over time, leading to the return of the original symptoms it was meant to treat.
Nerve Damage
The surgical procedure to implant the mesh can result in nerve damage, leading to numbness, tingling, or chronic pain in the pelvic region and lower extremities.
The health risks of transvaginal mesh use can drastically affect a woman’s quality of life. Issues like mesh erosion, chronic pain, infection, organ perforation, recurrence of prolapse or incontinence, and nerve damage have led to increased regulatory scrutiny and numerous lawsuits. Women considering or currently using transvaginal mesh should discuss risks and alternatives with their healthcare providers. Victims of adverse health effects of transvaginal mesh should consult an attorney to build a lawsuit against the liable party.
Transvaginal Mesh Lawsuit Updates
Recent updates in transvaginal mesh lawsuits highlight ongoing legal battles and developments for affected women. Numerous lawsuits have been filed against manufacturers like Johnson & Johnson, Boston Scientific, and C.R. Bard, alleging that these companies failed to adequately warn about the serious risks associated with their mesh products.
In recent years, there have been substantial settlements and verdicts. For instance, Johnson & Johnson agreed to pay over $120 million to settle thousands of claims. Similarly, other manufacturers have reached multimillion-dollar settlements to resolve large groups of lawsuits.
The FDA’s 2019 order to halt the sale and distribution of transvaginal mesh products for pelvic organ prolapse marked a regulatory shift. This action followed years of reports about severe complications and mounting legal pressure.
Despite these settlements, new cases continue to be filed. Plaintiffs argue that manufacturers knew about the potential for severe side effects but did not sufficiently inform patients and doctors. Lawsuits focus on issues such as mesh erosion, chronic pain, and organ perforation.
Both class actions and individual lawsuits are being pursued. Class actions allow plaintiffs to pool resources and streamline legal proceedings, while individual suits enable more personalized compensation based on specific damages.
These updates reflect the continuing impact of transvaginal mesh complications and the legal efforts to hold manufacturers accountable
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How Much Is My Transvaginal Mesh Lawsuit Worth?
The value of a transvaginal mesh lawsuit can vary. Factors such as the severity of your injuries, the impact on your life, and the circumstances of your case are considered when delegating a settlement award.
Severity of Injuries
The severity and nature of the injuries caused by the transvaginal mesh are the primary determinants of your lawsuit’s value. Severe complications such as mesh erosion, organ perforation, chronic pain, infections, or the need for multiple corrective surgeries result in higher compensation. The more serious and long-lasting the injuries, the greater the settlement or jury award.
Medical Expenses
Your compensation will likely include reimbursement for medical expenses incurred due to the mesh complications. This includes past, current, and future medical costs such as surgeries to remove or repair the mesh, hospital stays, medications, physical therapy, and other related treatments. Comprehensive medical records and documentation of these expenses are crucial for substantiating your claims.
Lost Wages and Earning Capacity
If your injuries have affected your ability to work, you may recover compensation for lost wages. This covers income lost during your recovery period and any reduction in future earning capacity if you are unable to return to your previous job or work at the same level as before the injury. Detailed documentation of your employment history and income is essential.
Pain and Suffering
Non-economic damages for pain and suffering are a component of transvaginal mesh lawsuits. These damages compensate for physical pain, emotional distress, and the reduced quality of life resulting from the mesh complications. The amount awarded for pain and suffering can vary and is often subjective, depending on the individual’s experiences and the extent of his or her suffering.
Punitive Damages
In cases where the manufacturer’s conduct is deemed particularly negligent or malicious, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar behavior in the future. Punitive damages can substantially increase the overall compensation.
Settlement vs. Trial
Most transvaginal mesh cases are settled out of court, providing a quicker resolution and reducing legal costs. Settlements, however, might be lower than jury awards. Going to trial can result in higher compensation, but carries the risk of an unfavorable outcome. Your attorney can help you weigh the pros and cons of settling versus proceeding to trial.
Recent settlements and verdicts provide a benchmark for compensation. Manufacturers like Johnson & Johnson and Boston Scientific have settled large groups of cases, with individual settlements ranging from thousands to millions of dollars, depending on the case. Consulting with an experienced attorney familiar with medical device litigation is crucial to accurately assess your case and ensure you receive fair compensation for your injuries and losses.
Who Can You Sue for Defective Pelvic Mesh?
If you have suffered harm due to defective pelvic mesh, you may be able to sue several parties involved in the design, manufacture, and distribution of the product.
The primary target in most pelvic mesh lawsuits is the manufacturer of the mesh. Companies such as Johnson & Johnson, Boston Scientific, and C.R. Bard have faced numerous lawsuits alleging that their products were defectively designed and that they failed to provide adequate warnings about the risks. Manufacturers are responsible for ensuring their products are safe for use and providing sufficient information about complications.
Distributors and suppliers of the pelvic mesh can also be held liable. They play a crucial role in getting the product to the market and may be responsible if they fail to ensure the product’s safety or adequately inform healthcare providers about the associated risks.
In some cases, you might have grounds to sue the healthcare provider who recommended or implanted the mesh if he or she failed to warn you of the risks or did not perform the procedure correctly. This can fall under medical malpractice if there was negligence in providing care or information.
To pursue a lawsuit, consult with an experienced transvaginal mesh attorney. He or she can help determine the best course of action and identify all liable parties to maximize your chances of receiving fair compensation.
Frequently Asked Questions About Transvaginal Mesh Lawsuits
Who Can File a Transvaginal Mesh Lawsuit?
Individuals who have suffered complications or injuries from a transvaginal mesh implant, such as mesh erosion, chronic pain, infections, or organ perforation, can file a lawsuit. This includes patients directly affected by the mesh and sometimes their spouses if they experience related losses or suffering.
What Are the Average Transvaginal Mesh Settlement Amounts?
Average transvaginal mesh settlement amounts typically range from $40,000 to $400,000 per plaintiff, depending on the severity of complications and individual circumstances. Some cases with severe injuries or significant impact on quality of life have resulted in settlements or verdicts exceeding $1 million.
How Long Do I Have to File a Transvaginal Mesh Lawsuit?
In Illinois, you typically have two years from the date you discovered or should have discovered the injury to file a transvaginal mesh lawsuit. It’s crucial to consult with an attorney promptly to ensure you meet all legal deadlines.
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