Transvaginal Mesh Lawsuit
Patients in the United States have the right to expect that medical treatments are safe and effective and that any potential risks are disclosed beforehand. When manufacturers, and even doctors, violate that sacred trust by promoting the use of defective and dangerous medical devices, such as transvaginal mesh (TVM), they should expect that those patients will seek legal recourse.
Transvaginal Mesh Settlements
The first federal TVM case is scheduled to go to trial on February 5, 2013, so no one knows yet what each transvaginal mesh settlement will be worth. In the Bard-Avaulta multidistrict litigation (MDL), the bellwether case to be tried next year will give attorneys on both sides an idea of what to expect -- including a monetary judgment -- with the thousands of other cases that are pending in the United States.
In the meantime, lawsuit-settlement-funding company Legal-Bay LLC estimates individual cases may be worth $500,000 to $1 million, depending on how each woman fared with the TVM and other factors, such as her overall health before the device was implanted.
Each lawsuit also may name multiple defendants, which can affect the payout. Patients may choose to sue the transvaginal mesh manufacturer, the surgery center or hospital and the doctors who recommended and implanted the device. Typically, the patients claim the defendants were negligent and did not warn them of the destructive complications of TVM. They might also accuse doctors of failing to recognize when the severe side effects began and failing to begin treatment.
Compensation for Mesh Victims
Transvaginal mesh victims not only have the legal right to seek compensation from everyone involved in the placement of these defective devices, but they also can seek to be compensated for the numerous ways they and their families suffered. A fair TVM settlement can, and should, include components to cover medical bills related to the initial TVM placement and revision surgeries; loss of wages; emotional distress from the life-altering damages, including the inability to have sexual relations; and the permanent changes to a woman's body.
Some TVM cases are stronger than others and have a better chance at receiving adequate compensation. If a woman disregards instructions from her doctor regarding her behavior after the surgery, she weakens her own case. For example, patients are told they must not lift heavy objects for a period of weeks; they must quit smoking because it causes them to cough and that, in turn, displaces the mesh; and they must maintain a healthy body weight. If the patients don't comply with these instructions, the source for TVM failure is not as clear-cut.
The final compensation that a TVM patient recoups also will be dependent on the type of lawsuit her attorney filed. With a class action lawsuit, one settlement is divided among the class of plaintiffs. That usually means a smaller amount per person than the resulting payout of an individual lawsuit. In addition, insurance companies that have funded medical treatment on behalf of the TVM victim will seek to be reimbursed from the compensation.
To find a qualified transvaginal mesh attorney, contact the Transvaginal Mesh Help Center at 800-514-9716. Our patient advocates are available to discuss your case free of charge and explain your legal rights and options.