Robert J. Boumis  |  September 16, 2014

Category: Legal News

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Mentor vaginal mesh implantCovidien, a manufacturer of transvaginal mesh, is reporting a charge of $180 million associated with transvaginal mesh lawsuits, according to filings with the U.S. Securities and Exchange Commission. This could signal that another mesh manufacturer, C.R. Bard, will be reaching a settlement as well.

Transvaginal mesh, also called vaginal mesh, bladder slings, and several other names, is a subtype of surgical mesh. In the 1970s, surgeons began using mesh to repair and support tissues and organs when their normal support structures were damaged. Sometimes, surgeons cut general purpose surgical mesh into specific shapes for pelvic surgeries, to treat herniations, pelvic organ prolapse, and stress urinary incontinence, and other damage to the pelvic organs.

In the 1990s, medical supply companies like Covidien took note of the niche and developed pelvic mesh, surgical mesh pre-fabricated into shapes for pelvic surgery. Since it was modeled on an existing, approved surgical implant, pelvic mesh was able to skip major steps of the U.S. Food and Drug Administration (FDA) approval process. However, concerns have emerged specific to pelvic mesh, leading to recalls and transvaginal mesh lawsuits.

Transvaginal mesh lawsuits allege that vaginal mesh is dangerous, more so than alternative procedures. Transvaginal mesh lawsuits also allege that drug manufacturers were aware, or reasonably should have been aware, of these risks, but continued to produce, market and distribute transvaginal mesh anyway, endangering the lives of the women who received this surgical implant.

Many serious medical problems have been alleged to stem from transvaginal mesh. This includes mesh erosion. In mesh erosion, transvaginal mesh works its way through the very tissue it is supposed to be supporting, cutting into tissue and causing pain and tissue damage. Embedment is another reported complication. In embedment, tissue grows around the mesh, causing pain and complicating any later efforts to remove the mesh. Other problems, like nerve damage at the attachment site have also been reported.

Two subsidiary companies of Covidien were involved in manufacturing transvaginal mesh, and supplied the mesh to several other companies involved in selling transvaginal mesh. In a report filed with the SEC, the company stated it was taking a $180 million dollar charge over transvaginal mesh in the third quarter of 2014. Since Covidien’s mesh is linked to C.R. Bard, another company embroiled in thousands of mesh lawsuits, this could be a sign that the C.R. Bard cases are moving forward, and could be nearing a settlement. C.R. Bard is facing more than 8,660 transvaginal mesh lawsuits, with a whopping 60,000 or so transvaginal mesh lawsuits filed against all manufacturers of the product.

The C.R. Bard Transvaginal Mesh Lawsuit is In re: C.R. Bard Inc. Pelvic Repair Systems Products Liability Litigation, MDL No. 2187, in the U.S. District Court for the District of West Virginia.

In general, transvaginal mesh lawsuits are filed individually by each plaintiff and are not class actions.

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