If you have suffered from urinary incontinence after undergoing a bladder mesh procedure, you’re probably wondering whether you can still sue the manufacturer of the product. The FDA has approved mesh for transabdominal procedures that repair pelvic organ prolapse, but most manufacturers have opted to pull out of the market after the agency mandated post-market surveillance studies in 2012. A California jury awarded $68 million to Mary McGinnis, a former patient who suffered debilitating injuries from the Bard pelvic implant. The award included $33 million in compensatory damages and $35 million in punitive damages.
A multi-state settlement for bladder mesh surgery has surpassed $117 million in recent weeks after a record-breaking number of plaintiffs filed lawsuits.
The FDA has acknowledged that the product has no clinical benefit and is not safe for all patients. However, it is unclear whether the settlements will be sufficient to compensate the women who have been affected. If you are unsure whether you should file a bladder mesh lawsuit, it is important to know that you may have a case.
Some companies have publicly disclosed settlements. Becton Dickinson and Johnson & Johnson has settled multiple cases for more than $117 million. Meanwhile, the American Medical System, C.R. Bard, and Becton Surgical have reportedly rejected settlement offers. The American Medical System, which is owned by Johnson & Johnson, has refused to settle any of the bladder mesh lawsuits. Some of these companies are suing the FDA for failing to conduct controlled human studies, and they are also facing bellwether cases.
A Spanish company called Neomedic International has reportedly settled an undisclosed number of bladder mesh lawsuits with some plaintiffs.
In December 2015, Neomedic settled an undisclosed number of mesh lawsuits. Despite the settlement, Neomedic has reserved the right to walk away from the settlement if more than 90 percent of its claimants did not opt-in. However, the company has settled many of the suits filed by patients who were injured by the mesh.
Other companies have publicly disclosed settlements. C.R. Bard has agreed to settle with one plaintiff. Ethicon, a division of Johnson & Johnson, has refused to settle any of the bladder mesh lawsuits. This case is known as a bellwether suit, as it involves the company refusing to disclose the settlement details. As a result, it’s unclear how many other companies will be affected by the bladder mesh litigations.
Some of the companies that have settled with bladder mesh patients are not settling.
The companies have publicly disclosed that the companies are working to settle all of the cases. They’ve admitted to the settlements in exchange for a percentage of the settlements. The FDA’s decision has delayed the payment of compensation to the plaintiffs. The company’s lawyers have not responded to the lawsuits, but they have publicly revealed their clients’ names and defended their actions.
In February 2019, a Philadelphia jury awarded Susan McFarland, a patient who had a TVT-O device installed for her stress urinary incontinence in 2008, a $120 million verdict against the company. During the trial, she suffered from pain, infections, and a loss of self-esteem. She has also filed a lawsuit against Ethicon in the U.S. and the United Kingdom.
The company is also settling a large number of cases.
A recent settlement with Medtronic International, a Spanish medical device maker with headquarters in Coral Gables, Florida, has settled an undisclosed amount of pelvic floor mesh lawsuits. The company is a major defendant in the case because of its failure to adequately research the risks of these devices and failure to warn patients of their complications. Hundreds of thousands of women have filed bladder mesh lawsuits against Medtronic and other companies that make these products.
Neomedic International, a Spanish medical device maker with headquarters in Coral Gables, Florida, has faced 130 bladder mesh lawsuits as of February 2019.
The company has settled an undisclosed amount of the cases, but it reserves the right to walk away if ninety percent of claimants did not opt-in. In addition, it has opted to stop manufacturing transvaginal meshes and has agreed to pay $3 billion to settle bladder-mess lawsuits.