The time has finally arrived! Transvaginal mesh implant cases are getting ready to settle, at last. Our excitement stems from having worked on these cases for years!
After two trials, the first held Bard/Endo Health Solutions Inc. responsible for a $5.5 million judgment for their Avaulta implant. The numerous companies who made the mesh are now coming to the table with real money.
If you’re wondering what happened, Coloplast A/S and Cook Medical Inc., Bard, Johnson & Johnson, Boston Scientific Corp. and other companies made vaginal mesh material designed to support weak pelvic muscles and treat incontinence in women. That material is now failing a few years after implantation, causing women’s bladders or uteruses to literally start to fall out of them.
The settlement talks are hoping to resolve more than 30,000 implant suits that have already been filed. But they may also affect thousands of women who have just started to realize their mesh if failing. It is estimated that only half of the women who will be severely affected by the vaginal mesh are now a part of the suit. The fact that the mesh now appears to be universally failing – and that most women are quickly becoming aware of the medical damages it will cause – is putting pressure on the mesh manufacturers and sellers to get to a resolution.
Carl Tobias, a well-known product liability law professor at the University of Richmond in Virginia, agrees with plaintiff lawyers in this case. He was quoted as saying, “The liability seems pretty clear on these cases, so settlement makes sense… Given how serious the injuries are and the number of cases, when you do the math, you can easily come up with a multi-billion dollar settlement.”
While we plaintiff attorneys won’t let this case become an underfunded settlement, it is exceptionally hard to know what the right number is when you don’t know how many women have been affected.
Of course, the defendants are trying to push back, calling the affected women frauds. Ethicon spokespersons said they are “now focusing on trying to efficiently manage thousands of unverified and possibly unfounded complaints.” That is a fancy way of saying that these women are making up their damages or using procedures to undercut their claims! They are making it clear that the companies are going to request that the court dismiss any claims they can bar by saying there are no real damages, or dismiss by claiming that the statute of limitations expired.
Please be warned! If you have a claim and you do not bring it in a timely manner, the companies will do everything they can to give you nothing. Also, be sure to choose a law firm that understands vaginal mesh implant litigation and where the claims need to be filed. These companies are very quickly making motions to dismiss based on misfiled claims.
LaBovick Law Group is committed to protecting the rights of victims of vaginal mesh implant damages. We have spoken to thousands of women about their very personal issues. Our staff of 4 women attorneys can appreciate and empathize with your problems. Trust us to evaluate your claim today. We are here to help.