Settlements in Transvaginal Mesh Product Cases On The Rise
Dec 18, 2014
Austin, TX (Law Firm Newswire) December 18, 2014 – One of the most controversial products on the market today is the transvaginal mesh sling. For the last several years, its use has resulted in devastating physical issues for women with the implanted kit.
“It appears that embattled medical device manufacturers noted for producing transvaginal mesh kits under various names are beginning to wave the white flag,” indicated Bobby Lee, an Austin injury lawyer who handles transvaginal mesh cases for Lee, Gober & Reyna.
Transvaginal mesh kits were once touted as a less-invasive alternative to patient body tissue slings in assisting women with incontinence and painful, prolapsed organs.
The kits, made of surgical steel mesh, can cause horrific damage to womens’ bodies, including, but not limited to: infections, organ shredding, mesh protruding into the vaginal canal, development of scar tissue, organ perforation, mesh erosion, urinary problems and unrelenting pain during intercourse. While many women have asked to have the sling taken out of their bodies after its insertion, it can be nearly impossible to remove entirely after the mesh has grown into and melded with body tissues.
There are thousands of transvaginal mesh lawsuits, now being handled within the context of multidistrict litigation, where consolidated claims may be settled under the auspices of an accord and satisfaction agreement. An accord allows defendants to offer a stated amount of money to plaintiffs in return for their agreement to dismiss any further legal claims.
C.R. Bard, a major manufacturer, has begun to signal its readiness to enter into settlements — rather than proceed to court and possibly end up paying more in damages than they may offer on settlement out-of-court. With more than 12,000 lawsuits pending, the company has resolved approximately 500 of them under an accord for $21 million, or approximately $43,000 per plaintiff.
There is some question whether $43,000 is enough, considering that a number of women have needed a series of operations to remove as much mesh as possible. An out-of-court settlement for a lower amount is infinitely preferable to the possibility of paying $2 million per plaintiff, as happened in a 2013 West Virginia case. In that case, the court found that the mesh maker hid vital information about the product’s flaws.
Overall, there have been more than 70,000 mesh devices implanted by doctors in the United States. “If every one of those devices causes problems, the scope of this issue is far greater than anyone could ever have imagined,” Lee added.
To learn more, visit http://www.lgrlawfirm.com
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
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