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Transvaginal Mesh Litigation Getting Hotter, Good News for TVM Victims

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Washington, DCAs transvaginal mesh litigation moves forward in the courts, women - and their partners in some cases - are still filing complaints against a number of manufacturers. By the end of March, about 40,000 transvaginal mesh lawsuits had been filed.

In early February, LawyersandSettlements reported TVM lawsuits heating up. Now they are even hotter.

At the end of February, a jury in New Jersey awarded Linda Gross and her husband a further $7.8 million in punitive damages on top of the original $3.35 million originally awarded in the first bellwether case against Ethicon and Johnson & Johnson. (The first verdict among approximately 1,800 vaginal mesh cases pending in New Jersey against Ethicon resulted in a $3.35 million settlement for a South Dakota woman.)

And on April 4, a TVM victim was awarded $1.2 million by a Dallas jury in another lawsuit against Ethicon and Johnson & Johnson (Batiste v. McNabb, No. 12-14350, District Court for the 95th Judicial District, Dallas County Texas [Dallas]).

Needless to say, this is extremely good news for TVM victims and their families.

Because there are so many transvaginal mesh lawsuits nationwide, most cases have been consolidated into multidistrict litigation or MDL. This type of litigation occurs when a large number of cases have similar issues and complaints; they are combined and tried under one judge. For instance, American Medical Systems recently agreed to settle a number of cases for about $54.5 million and it will likely agree to another
settlement of about 6,000 cases currently awaiting trial.

More than 11,000 TVM lawsuits filed against Boston Scientific Corp. involving its Pinnacle Pelvic Floor Kit and other mesh implants are moving forward in the federal MDL underway in U.S. District Court, Southern District of West Virginia. On April 23, the Court had established deadlines for the completion of written discovery, motions practice and more regarding the consolidated trial of five vaginal mesh lawsuits involving Boston Scientific’s mesh, according to court documents. The trial is slated for September 29, 2014 (Case No. 2:13-cv-07965).

Attorneys anticipate all trials to occur sometime in 2014, and with settlements such as those above, the decision to continue with litigation or settle is becoming clearer.

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READER COMMENTS

Posted by

on
I had the TVT surgery March 2011 for incontinence, by May, 2011 I was in worse shape than I was before I went to the doctor for this problem. I used to be able to hold my water till I get to the restroom, now If I feel like I might have to go, it has already happened. I have times when I feel like I am having a menstrual cycle, urine just start flowing without any warning. My sex life ended in 2011, it was too painful so me and my husband gave up he went as far as moving up the hall to a guest room. If
I had only left well enough alone. I am afraid to go to another doctor to try and get this mess removed, I might end up in worse shape. I have to hold my body in a certain position if I have to strain when having a bm because the pain in my vagina makes me literally scream. I can't sneeze without bracing my body to keep the vaginal pain to a minimum. Those poise pads are really putting a dent in my budget, I wish I had left well enough alone, when panty liners were working. I advise anyone with a little leak when laughing, coughing, or sneezing embrace it and laugh about it because at the end of the day it's just a little inconvience.

Posted by

on
Vivian, though I am not an expert in the professional sense, I have been dealing with this in my own realm since 2005 and would be happy to email with you offline from here. I am in Canada as well, if you are interested. I can point you in some very good directions.

Posted by

on
LET'S SUE THE FDA !!!!!

Posted by

on
I had a TV surgery in July2011. My GYN doctor told me I needed the sling to cure my incontinence. I agreed because he was my doctor and would know what he was talking about. A few months after the surgery I started having bleeding and pain, so I phoned his office and made an appointment. I only saw his nurse and she did a urine test and told me I needed to see a Urologist. So, they made the appointment for me with a Urologist. The Urologist did an exam and told me I needed surgery because the mesh sling was not inserted correctly. I had the corrective surgery on outpatient, went home with a catheter for over a week(was no picnic). After 9 days with the catheter I went back to the Urologist and was told I needed the mesh sling removed, because it was causing problems with bleeding and pain. When I went back to him and told him I was having lower back and groin pain he told me it was not the sling causing my problem, because mesh slings do not cause back pain. He then said I do not need surgery to remove the mesh sling because it was not causing me the problems!!! He said I needed acupuncture to stop the bleeding and pain. I almost fell off my chair when he told me that. Needless to say, I did not return to his office for the acupuncture! I told him no thanks for the acupuncture. I am not a physician but I know that acupuncture will not stop the bleeding.
I believe when my attorney contacted him for my medical records on the mesh sling exam's and surgery he changed his mind to remove the sling and then telling me I wasn't having back and groin pain. He said the mesh sling only causes pain in the abdomen and not the lower back and groin area and the bleeding I was having was normal. The incontinence is even worse than before I had the mesh sling in. Now I have to live with this suffering the rest of my life. Sometimes I wonder if it's worth it.

Posted by

on
I had TVT surgery to help with my urinary incontinence... within months, I had pelvic pain, and then the infections started.. I have chronic bladder infections now.. I also am back to urinary incontinence.. even worse than before , as if I do not run into any bathroom every 1/2-1 hour, when I stand up, I have to go immediately and cannot control it at all when my bladder gets full apparently to a certain amount. I went backto my specialist after my second or third dose of antibiotics and he put me on a 3 MONTH antibiotic to get the infections "out of my system" less than a month after this I was once again in agony with another full-blown painful infection again. As you cannot buy bladder pain products in Canada, my doctor had to give me a prescription to have the prescription made up for me by a compounding pharmacist. I asked to go back to my specialist, he told me it was "my fault I was having problems, as I had lost twenty pounds.. this was long after my problems started to escalate.. then I went for a test, where measured water was put in by catheter..and then I had to void in front of the nurse to see if I was able to empty my bladder... she said I was not and would need to probably use a catheter several times a day.. when I went back to my surgeon, he told me everything was fine.. I am taking meds I bought off the shelf in the USA as soon as the pain starts now, but am lucky to go a month or so before I am back on the antibiotics.. not to mention the pelvic chronic pain, and low back pain that is a constant in my life.. not to mention that after all of this pain, medication, surgery I am back to incontinence.. my sleep is terrible as I am up 3-4 times every night, please let people know TVT does not solve problems, I asked if I could have the sling cut or removed and was told NO, you don't have an option once it is there, help!!

Posted by

on
I had TVT surgery to help with my urinary incontinence... within months, I had pelvic pain, and then the infections started.. I have chronic bladder infections now.. I also am back to urinary incontinence.. even worse than before , as if I do not run into any bathroom every 1/2-1 hour, when I stand up, I have to go immediately and cannot control it at all when my bladder gets full apparently to a certain amount. I went backto my specialist after my second or third dose of antibiotics and he put me on a 3 MONTH antibiotic to get the infections "out of my system" less than a month after this I was once again in agony with another full-blown painful infection again. As you cannot buy bladder pain products in Canada, my doctor had to give me a prescription to have the prescription made up for me by a compounding pharmacist. I asked to go back to my specialist, he told me it was "my fault I was having problems, as I had lost twenty pounds.. this was long after my problems started to escalate.. then I went for a test, where measured water was put in by catheter..and then I had to void in front of the nurse to see if I was able to empty my bladder... she said I was not and would need to probably use a catheter several times a day.. when I went back to my surgeon, he told me everything was fine.. I am taking meds I bought off the shelf in the USA as soon as the pain starts now, but am lucky to go a month or so before I am back on the antibiotics.. not to mention the pelvic chronic pain, and low back pain that is a constant in my life.. not to mention that after all of this pain, medication, surgery I am back to incontinence.. my sleep is terrible as I am up 3-4 times every night, please let people know TVT does not solve problems, I asked if I could have the sling cut or removed and was told NO, you don't have an option once it is there, help!!

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