Three dozen women are objecting to a proposed $11.75 million pelvic mesh settlement, stating they want proof that the payout would be greater than if the manufacturing company liquidated itself.

Caldera Medical Inc. proposed the pelvic mesh settlement in California federal court, in an attempt to resolve thousands of pelvic mesh lawsuits.

These claims were filed by numerous women who were allegedly injured by the pelvic mesh side effects that the company failed to warn them against.

According to plaintiff attorneys, an independent audit would be necessary to confirm whether or not Caldera Medical was offering the maximum amount possible for the pelvic mesh settlement.

Overview of Pelvic Mesh Settlement

In January 2016, U.S. District Judge Stephen V. Wilson granted preliminary approval to the settlement. This motion was jointly filed by Caldera Medical, the company’s insurance provider, and 23 named plaintiffs representing a potential class of 3,800 women.

Each of these claimants had reportedly suffered pelvic mesh complications, and filed legal action against the company for allegedly opting to omit this information from the mesh product’s safety instructions.

Caldera Medical has denied all of the allegations and argues that an audit is not necessary because the company already produced financial records illustrating the proposed pelvic mesh settlement was the maximum that could be paid.

The financial records the company produced show Caldera Medical is currently not generating profit, and is using its insurance proceeds to finance the pelvic mesh settlement. Furthermore, the company stated there was nothing to suggest that liquidating the company would exceed the settlement amount in any way.

When Judge Wilson questioned how the company was still functioning, Caldera Medical attorneys explained that a substantial portion of shareholders are holding the company up to allow the 30 remaining employees to maintain their jobs.

When Judge Wilson inquired about the company’s CEO salary the attorneys stated they did not know. The annual payroll of the company was approximately $2.3 million, which averages to $70,000 per employee. Judge Wilson asked what other types of claims the company was expecting, since the current pelvic mesh settlement does not have an opt out provision.

The company’s attorneys state that the class is defined as as patients who received Caldera Medical mesh products and suffered pelvic mesh complications as of May 2016. Opponents of the pelvic mesh settlement, however, argued that until the company is audited the question of adequate compensation for the claimants would be in question.

The plaintiff attorneys pointed out financial documents that showed their annual revenue last year was $7.2 million, with just $2.3 million lost to employee salaries.

According to the pelvic mesh settlement administrator, it is currently estimated there are between 3,340 and 3,843 claimants who were allegedly affected by pelvic mesh side effects. This averages to approximately $2,780 per patient, with patients who suffered more severe pelvic mesh complications receiving higher amounts.

The Caldera Medical Pelvic Mesh Settlement pertains to Case No. 2:15-cv-00393, in the U.S. District Court of Central California.