A vaginal sling settlement has been proposed by plaintiffs involved in over 100 vaginal sling lawsuits consolidated in a single multidistrict litigation against Johnson & Johnson’s subsidiary, Mentor Corp. This settlement will resolve claims that the allegedly defective ObTape pelvic mesh implant injured hundreds of women.

According to the J&J vaginal sling lawsuit, the women involved in these ObTape cases have asked the presiding Georgia federal judge to approve the establishment of the ObTape vaginal sling settlement that will be held, managed, and distributed by the court. While this J&J ObTape settlement was negotiated between plaintiffs and the defendant last April, it was not submitted for preliminary approval until Jan. 20.

This proposed vaginal sling settlement will resolve claims brought against Mentor Corp. and J&J, as well as provide relief for the plaintiffs involved in the 111 ObTape vaginal mesh lawsuits consolidated in the MDL. According to the settlement agreement, additional vaginal sling plaintiffs will be allowed to use the settlement fund if they successfully resolve their claims.

The ObTape vaginal sling lawsuits all similarly allege that the ObTape (also referred to as transobturator vaginal sling), after being implanted in a woman’s body, would begin to deteriorate. This mesh erosion allegedly caused severe damage to internal bodily tissues and the vaginal walls. These vaginal mesh product injuries required that many female consumers of this J&J product undergo multiple surgeries to correct the resulting vaginal mesh side effects .

While the ObTape was discontinued by Mentor in 2006, many women still had the vaginal sling present in their bodies after the fact. Additionally, several of the vaginal sling lawsuits allege Mentor did not adequately test their vaginal sling before introducing it to the medical device market in 2003.

However, this vaginal mesh settlement does not resolve all the vaginal sling lawsuits included in the MDL. Several hundred more vaginal mesh product lawsuits still remain in litigation, and ObTape vaginal sling bellwether trials are set to go to court during the course of this year.

The J&J Vaginal Sling Multidistrict Litigation is In Re: Mentor Corp. Obtape Transobturator Sling Products Liability Litigation, Case No. 4:08-md-02004, in the U.S. District Court for the Middle District of Georgia.

Background on Vaginal Mesh

Vaginal mesh products (also known as transvaginal mesh systems or vaginal slings) are medical devices made from porous synthetic materials that are implanted in the body to treat pelvic organ prolapse and urinary incontinence.

Vaginal mesh was once considered a relatively safe and effective medical device; however,  a few years ago vaginal mesh complications were alleged in many medical and consumer reports. In July 2011, the U.S. Food and Drug Administration (FDA) published a medical device warning, informing consumers of the possible health dangers and risks associated with the use of vaginal or transvaginal mesh.

Some vaginal mesh complications consumers may experience include:

• Pain during intercourse
• Urinary issues
• Pelvic organ prolapse
• Scarring in the vaginal area
• Perforated bowels, bladder, and/or blood vessels
• Erosion of mesh into the vagina
• Infection
• Various organ injuries

Many vaginal mesh side effects require additional surgeries and treatments, resulting in more pain, suffering, and financial burden for the women suffering from a defective vaginal mesh implant.