Transvaginal mesh litigation throughout the U.S. is sending a message to mesh manufacturers that they need to take responsibility for the injuries caused to thousands of women.

Just last month, a Pennsylvania woman was awarded $120 million by a Philadelphia jury. Plaintiff Susan M. had mesh made by Ethicon, a Johnson & Johnson subsidiary, implanted in 2008 to treat urinary incontinence.

The jury determined Ethicon was negligent in the design of the TVT-O mesh device that eroded and caused pelvic pain and chronic urinary tract infections. Susan alleged surgery to try to remove the transvaginal mesh was unsuccessful.

An Ethicon spokeswoman said the company plans to appeal the verdict, which is believed to be the largest transvaginal mesh award thus far.

Transvaginal Mesh Litigation Ends in $9.9 Million Settlement

Washington State Attorney General Bob Ferguson said Johnson & Johnson agreed to a $9.9 million settlement to avoid going to trial over allegations the company failed to disclose serious risks of its transvaginal mesh surgical devices.

The settlement was announced on April 22 and will be distributed to Washington women who claim they were seriously injured by varying varieties of Johnson & Johnson’s transvaginal mesh. Injured women will receive a portion of the settlement money in addition to any recovery they may receive in a personal injury lawsuit.

Ferguson filed the lawsuit in May 2016, alleging Johnson & Johnson violated Washington’s Consumer Protection Act when it failed to alert women or doctors of the serious, life-changing risks associated with the medical mesh devices.

The Problem with Transvaginal Mesh

Women say they have experienced chronic pain, painful sexual relations, urinary tract infections and other life-altering conditions caused by the polypropylene mesh that is not biologically compatible with human tissue.

The mesh was designed to be permanently implanted in a woman’s body to help hold up falling organs due to pelvic organ prolapse (POP). Weakened muscles and ligaments caused the bladder and other organs in the pelvis to drop too low, creating a bulge in the vagina.

Despite the fact the mesh is supposed to help hold pelvic organs in place, the mesh can erode, shrink, become entangled in scar tissue, cause infection and be difficult (and sometimes impossible) to remove.

One woman said she has had chronic urinary tract infections and unending lower back pain and leg cramps for years since the mesh was implanted. She describes herself as home bound, now suffering from depression and loneliness. Another woman said she has endured three surgeries, but only part of the mesh could be removed.

Ferguson’s transvaginal mesh litigation alleged Johnson & Johnson omitted known risks from the marketing materials for patients and the “Instructions for Use” packets for physicians from all packages of the device sold between 1999 and late 2015.

The Washington Attorney General’s Office will soon announce a formal claims process for the state’s affected women to collect a portion of the $9.9 million settlement. Due to privacy laws, the AG cannot reach out directly to women who were implanted with the Johnson & Johnson transvaginal mesh products.

FDA Bans Transvaginal Mesh

On April 16, 2019, the U.S. Food and Drug Administration (FDA) said the makers of surgical transvaginal mesh products must stop selling and distributing the mesh products in the U.S. immediately. These manufacturers include Johnson & Johnson, Boston Scientific, and others.

Those women injured before the transvaginal mesh ban was put into place may benefit from discussions with a lawyer to see if they have a potential lawsuit to recover costs for pain and suffering.