As Some Transvaginal Mesh Lawsuits Are Settled, Others Move Forward

Miami, FLAs one transvaginal mesh maker announces settlements in a large number of lawsuits, transvaginal mesh lawsuits filed against another company continue to move ahead. In May, thousands of lawsuits filed against American Medical Systems, alleging transvaginal mesh complications caused patients to endure pain and suffering, were reportedly settled. Meanwhile, lawsuits against other companies, including Boston Scientific, CR Bard and other companies, continue to move forward.

In the lawsuits against American Medical Systems (consolidated for multidistrict litigation in In Re: American Medical Systems, Inc., MDL No. 2325), a settlement framework was proposed to deal with thousands of claims against the device maker. According to court documents, plaintiffs in the lawsuits covered a variety of circumstances.

“Plaintiffs range from those who have AMS pelvic mesh products in place but have alleged no treatments attributed to the mesh to plaintiffs who have received various forms of in-office treatment and/or drug therapy to plaintiffs who have undergone one or more surgeries to address mesh-related issues,” settlement documents note. Plaintiffs also reportedly ranged in age from their 30s to their 70s at the time they had their mesh implanted for either stress urinary incontinence (approximately two-thirds of plaintiffs in the settlement) or pelvic organ prolapse (approximately one-third of plaintiffs).

As proposed in settlement documents, American Medical Systems will set up a settlement fund and release payments based on documents - such as proof of having the AMS mesh implanted and medical records to show follow-up treatment - provided by the plaintiffs’ attorneys. Approximately $830 million will be paid to resolve around 20,000 claims made against American Medical Systems subsidiary Endo International Plc.

According to the court documents, attorneys believe the proposed framework would help to settle a significant portion of the lawsuits pending in MDL 2325.

Lawsuits have been filed against numerous companies, alleging women suffered serious complications after having the vaginal mesh implanted. According to one study cited by the US Food and Drug Administration (FDA), approximately 10 percent of women suffered mesh exposure within the first year of having mesh implant surgery. That study was cited in an FDA proposal to move transvaginal mesh products from a “moderate risk” classification to a “high risk” classification.

Reports indicate that lawsuits filed against other companies continue to move ahead, with some lawsuits resulting in settlements.

Meanwhile, in Scotland, the Health Secretary announced an independent review of transvaginal mesh devices and said that mesh implant surgery will be suspended until the results of an inquiry on the devices are known.