If you want to know the average settlement for pelvic mesh lawsuit then you have come to the right place.
Pelvic mesh (also known as transvaginal mesh) lawsuits have become one of the largest mass torts in the United States’ history. Over 100,000 lawsuits regarding pelvic meshes have been filed.
What Is A Mesh?
A surgical mesh is a sheet, loosely woven from organic and inorganic materials into a sheet. This sheet is used to create support for organs, on a temporary or permanent basis.
Temporary meshes are designed to dissolve into the body over a period, but permanent meshes remain in the body unless removed surgically.
The most common material used to create mesh is polypropylene (PP), which has been determined to be biocompatible with the pelvic and abdominal regions. PP tends to induce mild inflammation and adheres to the viscera.
Uses Of Surgical Mesh
Surgical mesh is mostly used in hernia repair surgeries, but it also has reconstructive uses like in pelvic organ prolapse.
Pelvic organ prolapse has been shown to occur in 50% of women above 50 years old with some history of natural childbirth. Pelvic mesh is used in pelvic reconstruction to counter the effects of pelvic organ prolapse.
Effects Of Pelvic Mesh Implants
Mesh implants in the pelvic region have been shown to create medical complications like pain and bleeding.
In 2016, the FDA (Food and Drugs Authority) changed the classification of the pelvic mesh to class III (high risk). In 2018, the FDA required that any mesh be used for transvaginal pelvic organ prolapse repair be approved via the application. On 16th April 2019, the FDA declared that all sale and distribution of pelvic meshes had to cease and desist immediately.
Examples Of Pelvic Mesh Lawsuit Settlements
The manufacturer facing the most lawsuits regarding pelvic mesh is Johnson & Johnson. Here are a few examples of those lawsuits:
- In March 2018, Barbara and Anton Kaiser were awarded $35 million by an Indiana jury after they sued Ethicon (a subsidiary of Johnson & Johnson) for the pain Barbara Kaiser’s Prolift mesh allegedly caused her.
- In December 2017, Elizabeth Hrymoc was awarded $15 million by a New Jersey jury after she sued Ethicon for a defective Prolift mesh implant in 2008, which caused so much pain that it had to be removed and replaced.
- In September 2017, Ella Ebaugh was awarded $57.1 million by a Philadelphia jury after she sued Ethicon for the chronic pain and incontinence, she endured due to the two Ethicon pelvic mesh implants cause erosion in her urethra and required three surgeries to remove.
- In February 2016, Sharon Carlino of New Jersey was awarded a $13.5 million verdict after filing a lawsuit against Ethicon for their transvaginal tape (TVT) for stress urinary incontinence that left her with constant pain and discomfort. Two attempts to repair the damage via surgery did not rid her of pain.
C.R. Bard, based in New Jersey, has also had their share of lawsuits. A few of them include:
- In April 2018, Mary McGinnis was awarded $68 million by a New Jersey jury for the lawsuit she filed for debilitating injuries she suffered due to Bard’s pelvic mesh.
- In another significant mesh settlement in August 2015, Bard had to pay over $200 million (~$67,000 per case) to settle approximately 3,000 cases. Allegedly the payout was intended to prevent verdicts that could have bankrupted Bard.
How Much Compensation Payout Can I Get For A Pelvic Mesh Settlement & Lawsuit?
Settlements on pelvic mesh cases are wide ranging from $1.2 million to $775 million.
Ultimately, there is no one right way to determine the compensation you should get; consulting a personal injury lawyer will give you an idea of what to expect.