Have There Been Any Lawsuit Settlements?
Tens of thousands of lawsuits have been filed, and only a handful have gone to trial or have reached settlements. As the pending lawsuits progress through the phases of litigation, it becomes more likely that more of them will settle out of court in the near future.
These vaginal mesh cases reached settlement:
- September 2013, Melanie Virgil settled her case with Bard for an undisclosed amount just before her case went to trial in New Jersey Superior Court.
- August 2013, Wanda Queen settled her case with Bard, likewise for an undisclosed amount. Her case was about to go to trial in federal court in West Virginia.
- In March 2014, Coloplast announced that it intends to settle about 400 vaginal mesh lawsuits for $16 million.
There are currently six multidistrict litigations (MDL) that have consolidated these lawsuits against each manufacturer. In the interest of saving time and legal costs, these manufacturers might consider offering settlements to some plaintiffs in lieu of going to trial. As of February 2014, there is one vaginal mesh lawsuit that is currently in the trial phase of litigation, with Ethicon, the maker of GYENCARE PROLIFT vaginal mesh devices as the defendant. The trial began on February 10, and should be decided shortly. There have not, however, been any recent settlements, although it is rumored that some of the defendants are considering settling with a large number of plaintiffs to avoid protracted litigation.
How Much Will I Get In a Bladder Mesh Lawsuit Settlement?
The amount awarded in a personal injury settlement varies greatly from case to case. There are many factors that must be considered when determining compensation, including the severity of the injury, medical expenses, loss of earning capacity, and pain and suffering. It is necessary, however, to first file a lawsuit so there is a record of your complaint. If you do not file a lawsuit in a timely fashion you may face a statute of limitations which would prevent you from taking legal action after a certain period of time.
The latest vaginal mesh lawsuit to go to trial, Batiste v. McNabb, was decided in favor of the plaintiff in April 2014, in a Texas state court. Ethicon was found liable for selling a defective vaginal mesh device, with the jury awarding plaintiff Linda Batiste $1.2 million in compensatory damages.
If you feel you have cause to sue a mesh manufacturer for injuries you have sustained, it is best to consult an experienced personal injury lawyer as soon as possible.
How Long Will It Take?
The legal process can be slow one, especially if the vaginal mesh manufacturer is not eager to settle. In September 2013, Bloomberg News reported that several mesh companies have begun negotiations to determine whether or not settlements are possible.
An experienced personal injury lawyer is best able to predict how long it will take for you to receive your settlement once your lawsuit has been filed with the court.
Have There Been Any Vaginal Mesh Lawsuits That Have Settled Out Of Court?
There have been several vaginal mesh lawsuit settlements recently, the latest coming in August and September 2013. Wanda Queen settled with Avaulta vaginal mesh manufacturer C.R. Bard in August for an undisclosed amount of compensation, as did Melanie Virgil in September; both women reached their settlements after their lawsuits were filed in New Jersey state court.
How Do I Go About Obtaining a Vaginal Mesh Lawsuit Settlement?
The first and most important step to obtaining a settlement is to file a vaginal mesh lawsuit. If you believe you have cause to sue one of the mesh manufacturers for injuries you’ve sustained after being implanted with one or more devices, a personal injury lawyer can assess your situation to determine if you have a case. The process begins by filling out the confidential case assessment form on this page. One of our experienced attorneys will get back to you shortly.