A woman is slated to receive a $12.5 million award for pain and suffering she has endured since undergoing a transvaginal mesh implant back in 2009. That recent decision is one of many in recent years reached by juries against various makers of these defective products and it surely will not be the last.
As of 2014, nearly 70,000 lawsuits are estimated to have been filed by women in Colorado and the rest of the country. Transvaginal mesh insertions are typically done to provide relief to women who suffer pain from pelvic organ prolapse or to treat stress urinary incontinence. But many have found the procedure can have painful, permanent side effects.
That was the claim of the woman in this case out of Pennsylvania. She had undergone the procedure in 2009 at the age of 58. Afterward, she found that sexual intercourse was painful and she was incontinent. A number of corrective surgeries were performed to try to improve her condition, but none of them helped. Eventually, her doctor reported that the mesh had bunched up and that it likely perforated her bladder.
During a trial lasting just over two weeks, plaintiff’s attorneys pressed the claim that the mesh maker, Ethicon, knew that use of the product could lead to pain during sex but failed to warn patients about that. They also showed that product engineers had never bothered to think about the complications that might be involved in having to remove mesh if it did cause problems.
After deliberating, the jury awarded the woman $5.5 million in compensation for her pain and suffering. It also ordered Ethicon to pay $7 in punitive damages. The company says it will appeal.
If you have had a transvaginal mesh implant but have suffered unexpected side effects such as pain during sex, pelvic infections or unusual bleeding, you may have a right to seek compensation. A free initial consultation with an experienced attorney to learn what options exist is always recommended.