Request Legal Help Now - Free
LAWSUITS NEWS & LEGAL INFORMATION

AMS Transvaginal Mesh Settlements: Good for Victim or AMS?

. By
Los Angeles, CAWhile American Medical Systems was “first out of the gate” to settle its AMS transvaginal mesh claims, one transvaginal mesh attorney says the amounts aren’t enough for pain and suffering that victims have endured. And a recent Boston Scientific settlement of $100 million is like a slap in the face to most AMS settlements of $40,000.

How can you put a price on severe transvaginal mesh side effects? What is it worth to wind up with a divorce because you can no longer have sex with your partner or you can no longer leave the house due to incontinence and constant pain?

Judge Goodwin recently praised AMS for settling its transvaginal mesh lawsuits while other TVM manufacturers (such as Ethicon) have infuriated him because they haven’t settled. In July 2013, Judge Goodwin had selected four bellwether cases for trial: Fontes v. American Medical Systems, Inc., 2:12-cv-02472; Serrano v. American Medical Systems, Inc., 2:12-cv-03719; Jilovec v. American Medical Systems, Inc., 2:12-cv-05561; and Weiler v. American Medical Systems, Inc., 2:12-cv-05836. The trials were slated to commence in June and July of 2014, but the parties settled before the trial.

Talk about timing: Endo International Plc, the owner of American Medical Systems, in May 2014 agreed to settle about 20,000 more mesh claims. It came right on the heels of the FDA’s news release that proposed new orders regarding health risks associated with transvaginal mesh. The FDA’s orders would reclassify “surgical mesh for transvaginal pelvic organ prolapse from a moderate-risk device to a high-risk device and require manufacturers to submit a premarket approval application for the agency to evaluate safety and effectiveness.”

The question remains: Did Endo/AMS do the right thing for plaintiffs in their settlements and is Judge Goodwin praising the company on behalf of plaintiffs, or because it promptly moved through the legal system? Did Endo last year do the math and calculate that almost $1.3 billion, in addition to $54.4 million already paid to resolve its transvaginal mesh lawsuits, would be a whole lot less than having thousands of cases go before a jury?

More than 30,000 plaintiffs in the US filed AMS lawsuits. Endo’s first round of TVM settlements amounted to $54.4 million in June 2013 and the company agreed to pay almost $1.3 billion to resolve more suits over the implants. That amount would average about $40,000 per case.

Back to Boston Scientific. A Delaware jury in this latest Boston Scientific lawsuit also found the company negligent in designing and making the devices and that it had failed to warn patients and doctors about potential risks. According to Reuters (May 28, 2015), the jurors awarded plaintiff Deborah Barba $25 million in compensatory damages, and an additional $75 million in punitive damages - a far cry from $40,000 that AMS shelled out to each of its TVM claimants. Bloomberg said that the jurors also determined that Boston Scientific was fraudulent due to its failure to alert doctors that the transvaginal mesh design was flawed.

According to Law360 (May 11, 2015), Endo/AMS had agreed to settle with 108 plaintiffs in the multidistrict litigation In re: American Medical Systems Inc. Pelvic Repair System Products Liability Litigation, case number 2:12-md-02325, in the U.S. District Court for the Southern District of West Virginia. Judge Goodwin said that “the parties had until April 2016 to submit an agreed order of dismissal with prejudice; otherwise, the cases will be dismissed without prejudice.”

Late last year, AMS agreed to settle most of the 20,000 transvaginal mesh suits remaining for around $1.6 billion. Judge Goodwin warned that AMS and other manufacturers would likely have to pay out billions more if the cases went to trial. This $100 million Boston Scientific verdict confirmed his warning.

READ ABOUT AMS TRANSVAGINAL MESH LAWSUITS

AMS Transvaginal Mesh Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to a drugs & medical lawyer who may evaluate your AMS Transvaginal Mesh claim at no cost or obligation.

READER COMMENTS

Posted by

on
I also have a houston attorney! I had my mesh removed 12/06/2016 i had it put in feb 2013 now in four mths im having another surgery where my doctor usrs my tissue and rebuilds a sling so how much should i expect to receive from ams settlement?

Posted by

on
From my understanding on the matter, ( and I dont know if this is absolutely correct) the amount you are offered to settle has to do with how well your lawfirm is at negotiating for you. It doesnt make any difference what your injuries are.. SO I guess my advice to you would be.. Run screaming from your bad lawyers. I basically chose a lawyer out of Florida even though I myself am in Illinois. and I am not pleased with them.. I get ZERO correspondence from them unless I hound them and then MAYBE they will call me back.. THis is sickening. I have had 2 surgeries and thank GOD I have an AMAZING Dr who has saved me from this Nightmare of a mess. Ladies.. His name is Dr Dionysios Veronikis in St Louis Missouri.. and the man is Amazing at reconstructive Gynecolgical surgeries.. He quite simply specializes in THIS very thing..and while I will never be 100% perfect.. He saved me. SO... Aside from the money.. I am thankful I have most of my health restored. He loathes these companies and their slam them in, one size fits all bladder mesh slings.. because of the damage they are doing. He is amazing and perhaps may be able to help someone else. which is why I am sharing his name. Good Luck Mesh Warriors.

Posted by

on
I finally heard from these attorneys in Ohio again. I was a nurse and a successfully rookie Realtor and my lost wages are $75.00! I submitted the most recent revision and the other 5 surgeries. This court restructured itself April 28th 2016 However they don't want to compensate us for anything but what first in medically records WE had to obtain and fax to them! I will have to use the settlement to cover anything as minimized as a bladder infection. I have to undergo future surgeries, I suffered permanent damage and had to have the sacral never stimulator placed. Never the less tests I went through as they sadly told me I had lost the ability to urinate on my own effecting even dedication. They refuse to offer nearly nothing! NO WEAPON FORMED against me shall prosper! If I accept that I won't be able to pay for future care. I may now lose my vagina, my bladder had been patched so much mesh is effecting everything. I dare say we won't see a dime from AMS and EDO, I have two types of mesh the attorneys refuse to appeal for me or go before a jury which is our right! I will be dead before I would get anything from them. Even kindness... I just want my new grandson to remember Me......... I don't believe in justice after dealing with this! God said do not seek to recompense but God says vengeance is MINE! I'm certain God will bless us if we walk away from this AMS and ENDO and tell men and women to never allow a surgeon to use their products on any of anyone in our families and those we know! They will No longer prosper as promised and this law firm will never be considered to help anyone again. I've spent the time dealing with them with kindness from some but I suffered mostly verbal and months, years of emotional abuse fallout. I know they don't know what's going to hit them! Deny our right to appeal.... They should be disbarred! Their own fate will hit them before any money this ompany will let go of.... Pansies afraid of that initial and still involved corrupt judge! Gods judgment is upon him NOW!

Posted by

on
I have the mesh done in 2007 and 2008 I had vaginal prolapse and in 08 rectal prolapse . I had pain in my abdomen for years my bowels have never been right since the surgery.like tomb I too am being represented by angus wagstaff. I've never been so sorry about that choice,I've done all of the leg work for my case .the only time I heard anything from them was when they wanted me to get all of my hospital records.this has been going on since 2012. I've done the work but I'm sure they will charge me for what they should have done. I was contacted by phone in 2014 telling me my case will settle by the end of that year,well it's now as you know June of 2016 still nothing. Hey tmb no I've never heard of a point system, how can you sit back and tell someone that there pain and suffering is only worth a certain amount, we who have these things in us will have to deal with the pain and suffering all the days of our lives, these big law firms could care less about us. I made the choice not to have my mesh removed even with the pain I deal with on a daily basis and after reading the stories of how so many are suffering with the removing of them I'm glad I didn't do it.

Posted by

on
This whole situation makes me physically ill. I had AMS sling implanted in 2011. I cannot begin to tell you how much this has effected my life. I almost died from a septic infection. I actually passed out in the ER and woke up two days later in a hospital room. The infections won't go away. I've had to suffer butt pain leg pain. Pelvic pain . I cannot walk without limping . I'm 45 and feel like this is the end for me. I can't have sex . I cannot work.
I had removal surgery on october 8 2015. My surgery was 11 hours long. The surgeon could not get all my mesh out. I ended up with a full hysterectomy. The mesh folded in half and was stuck to my bladder poking into my colon. What a mess . I walk
Around feeling like I have to pee constantly it burns me my bladder. They offered me $9000 for having the implant and an additional $2000 for special circumstances. They won't oay for any removal surgery after January 2015. This is bull crap.
I spent four years 2 hours away to the doctors each month having multiple test being admitted more then 12 times because I needed iv antibiotics and now I have no control over my urine is just pours out. I'm having to have repair surgery . The surgeon will use my own tissue to make a sling. What hapoens to the mesh that's left inside. Life won't ever be normal again.

Posted by

on
I have had 2 mesh surgeries. One in 2010 and one in 2014. The first mesh I was told could not be removed without damaging my insides. The second mesh surgery so far is holding up in places, but another surgery will be needed eventually. I was told that the pay-outs would start after April 19, 2016, but have yet to hear anything back about this. I started out with one law firm, but the turned it over to another, so now I will have to share my settlement with two law firms, if they ever pay up. That's not fair!

Posted by

on
I had to have 3 surgery's, my case was filled in 2011 and I took a settlement the amout doesn't seem fair but my lawer says if we went to tril we could get less is that true?? How long after you settle should you get your money??

Posted by

on
Well there's so much to say, I'm in the same situation as you all and I've read so much about it. I too have had 3 surgeries, mesh removal, complete body infection mesh fell apart and was embedded in all parts of my insides I had to have a complete reconstruction (dr.raz from Ucla) did the surgery. I lost my job due to the need of more recovery time, almost got divorced, still having problems. Is it worth what we've been offered I DONT THINK SO. But what are we suppose to do. If you don't take it you get nothing. This company could go bankrupt, my mind is spinning from trying to decide what to do my attorney's are of course happy they get %40 if every case. If you take the deal you can never sue them again it just goes on & on -& you have to pay taxes on that money too don't forget the government . I'm in shock that this is how they have decided to compensate everyone that's lives have been changed forever nothing will ever be the same. My prayers go out to all of you and maybe between "GOD" & karma they will get what they deserve.

Posted by

on
I received a letter 15 months ago from the law firm handling my AMS class action saying that a settlement was reached. Since that time I've left numerous messages for someone to call me because I had questions and even information I wanted added to my case, yet in 15 months I have never received a call back or an update. Am I obligated to pay them the 40% fee they requested upfront if I feel they're not doing their job? I suffered through 3 operations already, still need another one and like many of the women commenting, lost a significant other of over 10 years because the lack of sex had such a big impact on our relationship. The pain I deal with on a daily basis is just insane, and I'm upset at the lack of response, updates and contact from the legal firm handling this class action case. Isn't there anything that can be done? Is it too late for me to tell this legal firm to shove it and bring a case against AMS myself? Oh, I forgot to mention, I was told and had to sign an agreement saying that if I told anyone what my settlement amount was on this case that they could withhold the entire amount and pay me nothing! What's that all about?

Posted by

on
We should all face book it.Tell about it on what ever site gets out there.Let the people know about this.I had the mesh Fascia lata graft (Influence in -fast)put in 1999 I have parts of it that I have to have cut out, I am told that one does not count. In 2003 I had the TVT device (gyncare) .Now that needs to be replace .What the hell is WRONG with this medical Company.People are getting Rip off.

Posted by

on
Has anyone with a lawsuit against Boston Scientific received a settlement, or has gone to trial? You can be anonymous here. I am wondering how much has been awarded or have to settled for. Counting the initial surgery, I've had 3. The first removal surgery left me 100% incontinent. The mesh had grown into my urethra, and about 30% of my urethra was removed. I had to have another surgery after that.
I am no longer 100% incontinent, I'd say about 25%. I am mostly incontinent if I wait too long to go, and always when I wake up in the morning. That's not everything. I now have to use a catheter in order to get the urine out of my bladder. This will be FOREVER. So, the days of Poise Pads & catheters are here to stay.
I had someone whisper to her friend that she thought a transgendered person (me), was in the stall next to her. When I eventually walked out, they stayed around to look at me. I COULD JUST DIE!!!

Posted by

on
It isn't fair, the Lord only knows how much I was offered. I wasn't finished I had another resection they refused to count. Permanent damage I have mesh eroded into my bladder so bad it wrapped around an ovary and enlarged with cysts, my bladder is embedded to my bladder external and internal. I have a UTI every few weeks. I called the FDA and every legal source other than attorneys whom then would lay claim to money. I had to have a sacral spinal stimulator trial and then mesh that was cutting my vagina in two as this stuff turned into razor blades. It's nearly caused divorce. The permeant stimulator require battery changes. I have so many more bills than when I filed. Years of trying to the understanding, as a nurse I know what exactly that surgery alone caused the digestive system was ruined. Just giving settlements due to the revisions under anesthesia. I've had another revision and require one or more. This ovary is wrapped in mesh and enlarged and cysts. If it isn't removed or rupture it will become malignant. I sent these records to my attorneys and if they do NOT address it, I will not recieve the settlement. My attorney was verbally and emotionally abused me, Refusing an appeal or a jury trial, I signed in duress with no other option due to this one attorney. I suffered permanent damage that still requires on going care. The attorneys are not fighting for me, but to ensure their own income! If the new medical records are not given to the court I will ensure they obtain them, myself! I can't leave the house much but I can fax them.

Posted by

on
I had this initial implant in 2010, and had it removed last August by a fabulous surgeon who specializes in this. If only I had met him before. I just had my second surgery for additional repairs, I hope this fixes my issues. The entire situation makes me so angry, and then to have to fight with AMS and barely any contact with chosen attorny's, just makes it that much worse. I am so glad they see me as a dollar sign.

Posted by

on
I had a bladder mesh put in back in 2006. I had to have my appendix out less than a month later. It seemed to work well for many years with no pain, but recently I have been having some pain and leakage. I went to the urologist and had a urodynamic study done. He said I have overactive bladder now, but saw no signs of my implant damaging my bladder from the inside. I was just sent an offer of $7k. I received it today and it says it must be postmarked today to be sent back. Ridiculous. I realize after reading all of the comments here just how lucky I have been to have so very little problems with mine. I am being represented by andrus wagstaff and they are using a point system to determine benefits and offers. Has anyone heard of this? My original letter from them claimed I would get a minimum of $40k. I am not sure what I should do in my case....take the settlement and hope things stay well say 10 years from now....or get a different lawyer outside the class action suit.

Posted by

on
So, is the offer of $40000 the gross amount, before the legal fees are taken out?

Posted by

on
We do not have to settle!!!! If we all do that means they win n are not taking responsibility for what they did. Ams can take their settlement offers n shove it!!!! I. So very dissapounted in my settlement offer. Its a disgrace... they sued for millions and they are offering us all crappy amounts. Shame on them.

Posted by

on
back in august of 2014 i went to have the mesh removed and i am still waiting on compensation from ams and my lawyers can only tell me it is moving forward im not sure if what they say is actually happening i can only go bye what they tell me and im the one who is calling them im not saying they are horrible lawyers but they tell me it can take up to two more years for a settlement in my case and im still having other surgeries to fix the problem i am having with my bladder and mean while bills are racking up because i cant work due to this issue and others i have . all i want to do is scream hurry up to my lawyers i know it is a process but seriously i wish this was a shorter process

Posted by

on
I saw some of the women on here are still hurting, so I'll post it here in case any others see it. My wife initially had the surgery in August 2012 and couldn't get out of bed for 6 months to care for our small children. The road to recovery has taken years, but it was greatly aided by a wonderful OBGYN in Richmond, VA named Dr. B. Boyd Clary. Dr. Clary is the greatest doctor in the world and that's coming from a man about an OBGYN. If you need to have mesh removed or have complications the travel is worth it.

Posted by

on
What happens after a proposed settlement is refused? The female that had the mesh put in was mostly taken out. She has pain that gets worse and worse the more she does. She has been determined to be disabled and on SSI for physical as well as mental pain. The male has to do most house work and cooking, along with full time work. There is no sex life. We can't even go on walks like we used to. No bike rides. Nothing we used to do. The offer was too low to compensate for all the mesh has messed up. No amount of money can give us back what we had. What can we do to get the amount we deserve to at least help us be more comfortable?

Posted by

on
I refuse to take the settlement offer from AMS! This has got to be a bad joke! I have been suffering for years with mesh implant. I have had one surgery to fix some of the problems I have been having. My lawyer says that surgery doesn't count, because the mesh wasn't removed!! I can't and won't have another surgery because I just got over having Msra staph from back surgery. My lawyer is telling me to have mesh removed so I could get more money!! Is he kidding me?? I almost died from Msra!! And my husband and I haven't had a sex life for years!! The amount they offered is not any where close to 40,000.00. I don't understand any of this. This is so unfair!!!

Posted by

on
I had mesh put in 2003 with a bladder sling and it falled in 4 weeks,which lead to stool hanging down into my vagina and bladder leakage again.Had surgery in 2005 to fix the vaginal wall and bladder sling.With in a few years back to surgery again with the same.So in end had to have a posterior repain again and sling.Was diangnoised with Puedendal Neuralgia for constant rectum pain and inability to sit,pain down both legs and low back.Have to get Puedendal nerve blocks every 4-6 months,thank go for insurance but in the end I still pay 650.00 every time I need one.I feel so assaulted by the mesh company that failed me.If I could go back in time,i never would of let them put it in.Was offered 9,000.00!WTF so refused to settle which they wont acknowledge my Puedendal Neuralgia but are sending back to the master for a new amount to cover the Puedendal blocks.Ok ,they wont acknowledge Puedendal Neuralgia but will cover the blocks.Bastards!They did this to us all and wont pay for it.Sad!

Posted by

on
Steven, Can you tell me how you came out? I also am being represented by Simon Law firm and was offered the same. I don't want to settle, they have pressured and is going to drop my case if I don't. I am at a loss what to do.

Posted by

on
This entire litigation has been handled wrongly. Some women are winning big verdicts in court while others recieve nothing. The women with severe injuries concern me. They won't be able to afford the health care they'll need. I must say it also angers me that a lawyer-doctor team told me they're representing women WHO AREN'T EVEN DAMAGED BUT 'WANT IN ON THE ACTION.'

Some WOMEN are being as greedy as the pharmaceutical companies by clogging up the system with their baseless claims, while those with truly serious injuries are trying to survive. Greed is the name of the game here. No one gives a damn about women whose lives and finances were broken by this. People need to try to change a broken court system.

Posted by

on
I am reeling from the settlement amnt I was offered. After atty's fees, etc., I will be left with practically nothing. My doctors said I was too ill to undergo surgery & that the mesh had most likely grown into surrounding tissue & that attempting to remove it could cause death. I'm so ill I can rarely leave my bed. This is an outrage.

Posted by

on
If the contract with your lawyer provides for a percentage of the recovery by settlement or judgment, maybe you need to file a complaint against the lawyer with your state and maybe look for a lawyer who handles legal malpractice to take a look at the contract.

Posted by

on
The same thing happened to me Tamara. This is a dirty business.

Posted by

on
What the heck is going on??? I refused an aggregate settlement and my lawyer dropped me.

Anyone have this happen?

Posted by

on
Oh my, I posted earlier and I don't see it, but i'm a 11yr veteran of this and i'm appalled at the article above in the amount of money how someone in california got 25 million,and 75 million for punitive damages ? That was boston scientific, Yet someones
not telling the truth !
This is an outrage I'm so upset and angry, how? yes I need my money too and I have waited for 4yrs and I'm still waiting/ there are so many suffering and sick because of this an have to live the rest of our lives with it if we make it an not die of a blood clot or something else, i've been calling my attorney too and been getting the run around on how i will get my awards letter soon,well i'm so loosing faith, if i would of taken this to trial would you even get paid if you were awarded that ? ? What and I end up with 16,000 for my 11yrs of re correction surgeries? I want to write to this judge and ask him where all the money is going even if every person got a million dollars, then 20million dollars would be paid out of court to settle. This is unfair and unjust I cannot understand how they could put this on the people
I'm not going to let this be me!!!! I fought too long an too hard for this,I had a newspaper article about Ams settling for 830million and the statement above, to settle 20,000 more cases for around 1.6billion? Read these articles and see what is being said about this, I feel like I've been slapped in the face and now being punished for getting this mess mesh what a shame !!!

Posted by

on
I too am bothered with pain especially during sex so that has been a large problem in my marriage. My husband doesn't understand my pain. Also I have problems with leakage and other urniary problems.

Posted by

on
Just wonder when settlement funds will be givin to clients. I desperately need my money. No excuse for this. Pay patients loss of income, pain and suffering etc

Posted by

on
my wife is permanently disabled due to mesh and they want to offer 40,000.00 how stupid and unresonable is this? she will never work again because of pain and nerve damage! she has lost over 500,000.00 in wages alone not to mention the medical cost now and forever. how can they offer such a low amount I dont understand when she has lost everything, she cant drive, hardly walk, ride in a car and the list goes on. and if we dont accept I have heard AMS will hold it up for like 10 years and then go bankrupt!!!!!

Posted by

on
My wife is in the Class Action suit currently represented by the Simon Law firm. She was just offered $16,200 gross from AMS to settle. It seems very very low. Your thoughts? Is it too late to change lawyers? We have a deadline of 7/17 to accept.

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com
Request Legal Help Now! - Free