First Transvaginal Mesh Lawsuit Decided for Plaintiff

Hundreds of plaintiffs have brought lawsuits against device manufacturers and medical professionals claiming compensation for injuries resulting from surgeries involving transvaginal mesh (TVM) products. In July 2012, the first of these lawsuits concluded when a California jury awarded $5.5 million in damages to the plaintiff, citing both the company that made the device and the doctor who performed the surgery. Pelvic mesh lawyers have been arguing that these unsafe devices should not have been on the market, especially after the medical community realized how risky they were.

After getting a TVM implant in 2008, Christine Scott began to experience serious side effects caused by erosion. Synthetic mesh can penetrate soft tissue, especially when there is infection at the site. Scott underwent nine additional surgeries in an attempt to correct complications. She ended up incontinent, with chronic pelvic pain. The jury assigned 60 percent of the liability to the company, Bard, because it did not properly evaluate the safety of the device, and 40 percent to the physician, Dr. Kannappan. Christine Scott received $5 million, and her husband received $500,000 for loss of consortium. TVM complications often make sexual intercourse too painful.

Given that there may be several negligent parties sharing liability, pelvic mesh lawsuits can be complicated. Are these cases worth pursuing? This successful case shows that putting company profits over patient safety can be a bad gamble. Bard took its TVM product, Avaulta, off the market following the court decision.

Phillips Law Offices uses its experience litigating medical malpractice and defective medical device cases to provide expert, dedicated representation to our Chicago clients who have suffered injury from TVM surgeries. Call us today to discuss your case.