Products Liability
Thousands of women have filed vaginal mesh lawsuits against various medical device companies over injuries caused by defective transvaginal mesh implants. This page will explain the problems associated with vaginal mesh implants and how these led to one of the biggest mass torts in history. We will also explain the current status of the pelvic mesh class action lawsuit and whether you might be eligible to file your own vaginal mesh lawsuit.
UPDATES:
January 5, 2025: Defense Verdict in Vaginal Mesh Malpractice Case
A jury in Oregon returned a defense verdict in a medical malpractice case involving allegations against a urologist and a hospital for the negligent implantation of a defective pelvic mesh device. The plaintiff claimed that Dr. Michael Lemmers and the Legacy Health hospital network failed to obtain her informed consent before implanting Boston Scientific’s “Uphold Lite” mesh device to treat her pelvic organ prolapse in 2019. Given the challenges of proving lack of informed consent in malpractice cases, the verdict is not entirely unexpected.
December 23, 2024: New Study Finds Vaginal Mesh Degrades in Just 60 Days
A recent study conducted by researchers at the University of Sheffield in England reveals that most vaginal and pelvic mesh implants may have been fundamentally flawed in their design and manufacturing. The study identified significant issues with the plastic material used as the primary component in these implants, concluding that it is inherently defective. According to the findings, the material begins to degrade within just 60 days of being implanted in the body.
October 22, 2024: New Boston Scientific Vaginal Mesh Lawsuit
In a new lawsuit filed yesterday in the U.S. District Court for the District of Massachusetts, a Georgia woman is seeking damages from Boston Scientific Corporation over injuries caused by defective pelvic mesh products. The suit involves the Boston Scientific Advantage Transvaginal Mid-Urethral Sling System and the Upsylon Y Mesh, which were implanted to treat stress urinary incontinence and pelvic organ prolapse.
The plaintiffs claim that the devices led to severe complications, including mesh erosion, infections, and pain. The woman and her husband allege that the company failed to adequately warn patients and doctors about the risks associated with the mesh and continued to market the products as safe despite evidence to the contrary. This lawsuit includes claims for design defect, failure to warn, and negligence.
August 5, 2024: New Transvaginal Mesh Lawsuit Filed in Minnesota
A new pelvic mesh lawsuit in Minnesota, a Texas woman has brought a lawsuit against Coloplast Corporation, alleging that the defendant’s Altis medical device, designed for the treatment of stress urinary incontinence caused severe injuries.
The complaint details that the Altis, a polypropylene mesh product, was implanted in 2022, leading to chronic pain, infections, and other serious health complications. The plaintiff claims that Coloplast failed to adequately warn of the risks, negligently designed the product, and misrepresented its safety and effectiveness.
The complaint seeks compensatory and special damages, as well as disgorgement of profits, for the harm caused by the Altis device.
Why is a Texas plaintiff suing Coloplast in a vaginal mesh lawsuit in Minnesota state court? Coloplast has it its principal place of business in Minneapolis, Minnesota. This establishes a significant connection to the state and county, making it a suitable jurisdiction for the lawsuit.
July 20, 2024: Fourth Circuit Court Of Appeals Reinstates Vaginal Mesh Lawsuit In West Virginia
The Fourth Circuit Court of Appeals reinstated a vaginal mesh lawsuit in West Virginia. The federal appellate court held that the trial court misinterpreted WV law and improperly precluded the plaintiffs’ expert witness from testifying about alternative, safer designs for the vaginal mesh product at issue.
June 21, 2024: Eleventh Circuit Upholds $2.5 Million Verdict In Vaginal Mesh Case
A $2.5 million verdict in a vaginal mesh case against Coloplast Corp. was upheld on appeal by the Eleventh Circuit. At issue on appeal was whether the plaintiff filed her claim too late after the applicable statute of limitations had expired. The defense argued that the plaintiff’s time to file the claim started running in 2009 after she had the vaginal mesh implanted. The court rejected that argument, pointing out that the plaintiff’s symptoms in 2009 were apparently just normal post-surgical issues.
March, 16, 2024: Vaginal Mesh Lawsuit Against Boston Scientific Allowed To Move Forward
A vaginal mesh lawsuit against Boston Scientific was allowed to move forward this week after a federal judge denied the defense’s request that the case be dismissed. The lawsuit involves alleged defects in the Obtryx Transobturator Mid-Urethral Sling System pelvic mesh implant, which caused the plaintiff pain and disfigurement after it had to be surgically removed after it was implanted.
January 28, 2024: New Study Compares Effects Of Robotic Sacrocolpopexy With Transvaginal Mesh Surgery
In a new study, researchers compared the effects of two types of surgery on bladder function in women with pelvic organ prolapse. They examined robotic sacrocolpopexy (RSC) and transvaginal mesh surgery (TVM) from March 2020 to June 2022. Bladder function was assessed before and after the surgeries using questionnaires and medical tests. The study found that women who underwent RSC surgery were more likely to develop new cases of stress urinary incontinence compared to those who had TVM surgery.
December 4, 2023: New Vaginal Mesh Lawsuit Filed On Behalf Of Washington State Woman
A new vaginal mesh lawsuit was filed on Friday on behalf of a Washington state woman. In her suit, the plaintiff alleges that she suffered debilitating injuries as a result of being surgically implanted with a medical device known as the Bard Align transobturator mid-urethral sling. This device, designed to treat stress urinary incontinence, is claimed to be defective and negligently designed and marketed by the defendant, C.R. Bard, Inc.
The complaint states that the implantation occurred on January 28, 2013, at Washington Urology Surgery Center in Bellevue, Washington. The plaintiff contends that neither she nor her healthcare providers were warned of the device’s alleged defects. Additionally, the plaintiff suggests that pre-existing conditions or injuries she had were aggravated, exacerbated, or accelerated by the implantation of the Align device. The suit seeks damages for the injuries suffered by the plaintiff as a result of the implantation of this device.
August 14, 2023: Eighth Circuit refused To Revive Woman’s Vaginal Mesh Lawsuit Against Coloplast Corp.
Disappointingly, the Eighth Circuit last week refused to revive a woman’s vaginal mesh lawsuit against Coloplast Corp. The woman had alleged the surgical mesh device resulted in permanent damage to her genitalia due to its flawed design. Unfortunately, the plaintiff’s medical expert’s opinion was filed later than expected. In a short opinion, the three-judge panel upheld the trial judge’s ruling which denied the inclusion of Cantrell’s expert’s statement as it came several months post the discovery deadline. You need an expert to get these cases to trial. So the loss of the expert kills the case. Regrettably, the panel prioritized rigid adherence to the discovery timeline over providing a genuine opportunity for the case to be fully explored, which is arguably the elevation of form or substance.
July 26, 2023: Johnson & Johnson Agrees To Pay $9.9 Million Settlement To State Of Kentucky
Johnson & Johnson has agreed to pay $9.9 million to the state of Kentucky to settle allegations that the company failed to adequately disclose the risks associated with its vaginal mesh products. This latest settlement adds to the growing list of legal and financial challenges facing J&J over its vaginal mesh implants. The company has already committed over $125 million to resolve similar claims brought by other states, including California, New Jersey, and Texas.
July 17, 2023: Boston Scientific Settle Lawsuit Filed By Georgia Woman
Boston Scientific recently reached a settlement in a lawsuit filed by a Georgia woman who had experienced severe pain following the implantation of Boston Scientific’s pelvic mesh product, Obtryx, a polypropylene mid-urethral sling. This device, intended to treat incontinence, was later found to have serious complications. Her treating doctor testified that he had been unaware of the risks associated with the mesh, such as potential degradation and chronic pain, and would not have recommended it had he known of those risks.
March 22, 2023: Transvaginal Mesh Settlement
Johnson & Johnson has agreed to a $9.9 million settlement with the state of Kentucky. This settlement addresses allegations that the company inadequately disclosed the risks associated with its vaginal mesh products. These products, designed for supporting sagging organs and treating incontinence in women, have been a subject of controversy and litigation.
This Kentucky settlement adds to the over $125 million Johnson & Johnson has already committed to resolving state-level claims regarding its marketing of mesh products. Notably, the U.S. Supreme Court recently declined to review a $302 million judgment against J&J for misrepresenting vaginal-mesh implant risks to consumers in California.
February 6, 2023: Recent Appellate Opinion In Illinois For Pelvic Mesh Lawsuit Against Coloplast
In a recent appellate opinion in Illinois in a pelvic mesh lawsuit against Coloplast, a plaintiff sought compensation from Coloplast Corp., alleging that a polypropylene surgical mesh implant caused significant health issues, including chronic pelvic pain and multiple surgeries.
The court split the baby Coloplast’s motion for summary judgment, dismissing several claims related to consumer protection, breach of warranty, and fraud due to a lack of supporting evidence.
However, the court allowed claims concerning negligence and strict liability for design defects – the key claims in these lawsuits – to proceed. These claims were supported by expert testimony suggesting the mesh could cause adverse effects, such as shrinkage or contraction after implantation.
Vaginal Mesh Implants
Vaginal mesh (or transvaginal mesh) is a type of surgical mesh implant. Surgical mesh products are used to help reinforce and support weak or damaged tissue in surgical procedures.
Vaginal mesh products are specifically designed to be used in female pelvic reconstructive surgeries. These surgeries are commonly done to treat pelvic organ prolapse and/or stress urinary incontinence. Both of these conditions happen when the pelvic muscles weaken and allow organs like the uterus, bladder or rectum to descend down into the vagina. Surgery is done to repair and strengthen the pelvic muscles.
Vaginal mesh products were first used in surgery to treat pelvic organ prolapse in the 1970s. In the 1990s, surgeons expanded the use of vaginal mesh implants to the surgical treatment of stress urinary incontinence. In 1996, transvaginal mesh implant products became eligible for FDA approval through the expedited 501(k) process that permits approval without clinical trials. This opened the door to a flood of competing vaginal mesh products made by various medical device companies.
Problems With Vaginal Mesh Implants
A few years after the proliferation of vaginal mesh products that began in the 1990s, patients and doctors began reporting a number of common problems and post-implant complications associated with these implants. The complications caused by vaginal mesh products can be grouped in the following categories:
- Mesh Erosion: Mesh erosion has been the most common issue leading to complications with vaginal mesh implants. This happens when the mesh material of the product erodes through and into the surrounding vaginal tissue or organs. This can cause severe pain and require corrective surgery.
- Infection: Infection, including chronic urinary tract infections, is another common complication that has been associated with vaginal mesh implants.
- Organ Perforation: In many cases, vaginal mesh implants have actually migrated and punctured nearby organs such as the bowel or bladder. In other cases, they have punctured blood vessels. These complications are very serious and potentially life-threatening.
- Vaginal Shrinkage or Scarring: Vaginal mesh implants have been known to cause scarring and contraction or shrinkage of the vaginal tissue. This complication usually causes pain during sex.
FDA Safety Warnings About Vaginal Mesh
In the early 2000s, the growing number of vaginal mesh complications and injuries began to get the attention of the FDA. In 2008, the FDA finally took action by issuing a Public Health Notification informing patients and doctors about the problems with vaginal mesh implants.
Three years later, the FDA issued an updated safety communication about continued evidence of serious complications associated with vaginal mesh products. This time, the FDA went as far as to conclude that there was no evidence to show that using vaginal mesh implants was even beneficial. This prompted widespread national attention and was the primary spark that led to the explosion of the vaginal mesh lawsuits.
Vaginal Mesh Lawsuits
The earliest vaginal mesh lawsuits began getting filed in 2009, after the first FDA safety warning. Over the next decade, thousands of women would file pelvis mesh lawsuits against a collection of different medical device companies who made vaginal mesh products. These companies included Johnson & Johnson (Ethicon), C.R. Bard, Boston Scientific, American Medical Systems (AMS), Coloplast, and others.
The vaginal mesh lawsuits allege that the vaginal mesh products contained design defects. They also accused the device manufacturers of negligently failing to warn doctors and patients about the risk of complications associated with these implants.
Vaginal Mesh Class Action
In 2012, the vaginal mesh lawsuits in federal courts were consolidated into a class action which was divided into 7 separate MDLs (multidistrict litigations). Each MDL involved all claims against a separate mesh manufacturer: C.R. Bard, Inc., American Medical Systems, Inc., Boston Scientific Corp., Ethicon, Inc., Coloplast Corp., Cook Medical, Inc., and Neomedic.
Together, the 7 vaginal mesh class action MDLs included over 100,000 individual plaintiffs. That made vaginal mesh one of the biggest mass torts ever. The MDLs were assigned to a federal judge in the Southern District of West Virginia. Between 2012-2014, bellwether test trials were held in some of the vaginal mesh MDLs. These trials consistently resulted in large verdicts for the plaintiffs:
| YEAR | MANUFACTURER | RESULT |
| 2012 | C.R. Bard | $3.6 million verdict |
| 2013 | Ethicon (J&J) | $11.1 million verdict |
| 2014 | Boston Scientific | $26.7 million verdict |
| 2015 | Ethicon (J&J) | $12,500,000 verdict |
| 2017 | Ethicon (J&J) | $20,000,000 verdict |
| 2018 | Ethicon (J&J) | $35,000,000 verdict |
| 2019 | Ethicon (J&J) | $80,500,000 verdict |
Following the bellwether trial results, most of the vaginal mesh defendants entered into global settlement deals to resolve the cases in the MDLs. However, at least 2 more vaginal mesh lawsuits went to trial in New Jersey state courts resulting in verdicts of $33 million (2014) and $57.1 million (2016).
Following the bellwether trial results, most of the vaginal mesh defendants entered into global settlement deals to resolve the cases in the MDLs. However, at least 2 more vaginal mesh lawsuits went to trial in New Jersey state courts resulting in verdicts of $33 million (2014) and $57.1 million (2016).
Vaginal Mesh Lawsuits in 2024
As of 2024, the vaginal mesh lawsuits are still continuing, and thousands of lawsuits remain pending. Although most manufacturers have established a settlement program to resolve vaginal mesh claims, some mesh companies are still actively litigating these cases. New victims of vaginal mesh complications are still filing product liability lawsuits today.
Over 100,000 vaginal mesh lawsuits have been filed since the start of the litigation. It is reported that over 90% of these cases have already been fully resolved through settlement and the MDLs are no longer active. That doesn’t mean you can’t file a vaginal mesh lawsuit. Large numbers of vaginal mesh lawsuits are still being filed now, they are just no longer being handled within the MDLs.
There are pros and cons of not having an MDL class action lawsuit. The absence of an active MDL means that fewer women are able to access justice, as many lawyers are now only taking on the strongest cases due to the complexities and costs of litigating individual lawsuits. This has reduced the number of women who can pursue claims, particularly those with less clear-cut cases.
But for women who have strong claims and can find a transvaginal mesh lawyer, the current legal landscape is far more advantageous. Without the MDL structure, individual settlements tend to be higher, as cases are no longer subject to the large-scale, lower-value settlements that often occurred when MDLs were active. What we are seeing is that women who bring lawsuits now find themselves in a better position to negotiate higher compensation payouts for their injuries than they would have had under the MDL class action lawsuit framework.
Are You Eligible to File a Vaginal Mesh Lawsuit in 2024?
It is not too late to file a vaginal mesh lawsuit. Current vaginal mesh plaintiffs primarily include women who had a transvaginal mesh implanted and suffered complications or injuries directly related to the implant within the last few years. In order to be eligible to file a lawsuit, however, your vaginal mesh complication must have happened in the last few years. If you suffered a complication more than 5 years ago, it is probably too late to file a claim.
One of the primary concerns for prospective vaginal mesh plaintiffs looking to file a lawsuit in 2023 is whether the applicable statute of limitations has expired on their claim. Each state has its own statute of limitations for personal injury cases, but in most states the SOL is around 2-3 years. Whatever the applicable SOL period is in your state, it doesn’t begin to run until your pelvic mesh injury or complication first occurred. As long as the first occurrence of your vaginal mesh complications occurred with the last one or two years, you will probably not have to worry about the statute of limitations.
Potential Settlement Amounts of Vaginal Mesh Lawsuits
Based on prior settlements and verdicts in earlier vaginal mesh lawsuits and in the class action MDL settlements, we have a pretty good idea of what the potential settlement value of a good vaginal mesh case could be. Our lawyers estimate that a successful vaginal mesh injury lawsuit in 2024 would have a settlement payout value of around $150,000 to $450,000. How much your vaginal mesh case is worth and where it falls in this settlement range would depend on various factors including the severity of the physical injuries and the age of the plaintiff.
Contact Us About a Vaginal Mesh Lawsuit
Our national product liability lawyers are currently accepting new vaginal mesh lawsuits from women who suffered complications and injuries related to a vaginal, transvaginal, or pelvic mesh implant. Contact us at 800-553-8083 for a free consultation or contact us online.