Thousands of women in the United States who received vaginal mesh implants to treat their pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have already filed lawsuits against the manufacturers of these products after suffering serious complications. Women who are just now considering bringing their own lawsuits are asking, “What is the amount of compensation I can expect from a vaginal mesh lawsuit?” Although every woman’s situation is different, there have been some favorable results so far.
Almost $20 Million Awarded by Juries
In lawsuits against bladder sling manufacturers, plaintiffs can claim “economic” damages and “non-economic” damages. Economic damages include quantifiable losses like medical expenses and lost earnings, while non-economic damages include intangibles like pain and suffering. In three lawsuits decided by juries thus far, plaintiffs have been awarded a combined total of $18.6 million in damages. These awards were paid out as follows:
- On August 15, 2013, plaintiff Donna Cisson was awarded $2 million after her West Virginia federal court trial against C.R. Bard over the company’s Bard Avaulta Plus transvaginal mesh product.
- On February 28, 2013, plaintiff Linda Gross was awarded $11.1 million after her New Jersey state court trial against Johnson & Johnson (J&J) over its GYNECARE PROLIFT product.
- On July 23, 2012, plaintiff Christine Scott won $5.5 million after her California state court trial against C.R. Bard over the Avaulta Plus.
- In April 2014, plaintiff Linda Batiste was awarded $1.2 million in compensatory damages by a Texas state jury after she sued Ethicon for injuries she suffered after being implanted with a GYNECARE PROLIFT TVT-O vaginal mesh device.
Two Lawsuits Settled for Undisclosed Amounts
In addition to the damages awarded thus far in the three cases listed above, two women have negotiated settlements with C.R. Bard out of court. In September 2013, plaintiff Melanie Virgil settled for an undisclosed amount just before her trial was slated to begin in New Jersey Superior Court. A month earlier, in August 2013, plaintiff Wanda Queen settled for an undisclosed amount prior to trial in federal court in West Virginia. C.R. Bard ceased sales of its Avaulta Mesh product on July 1, 2012.
Joining MDL Preferable to Joining Class Actions
Women who seek compensation from their mesh’s manufacturer as Donna Cisson, Linda Gross, and Christine Scott did are discouraged from joining class action lawsuits. Such actions result in a single award being distributed among all plaintiffs equally, even if some plaintiffs suffered more severe injuries than others. Filing an individual lawsuit and joining one of the ongoing multidistrict litigations (MDLs) in federal court, or even joining a similar state court action, is advisable as the amount of compensation will more likely approximate the actual injuries you suffered. To learn more about these differences, visit this site.
Contact RLG for Free Consultation
Although the damages awarded to Ms. Cisson, Ms. Gross, and Ms. Scott were quite high, each plaintiff’s results depend on very case-specific factors. Plaintiffs can allege damages that include subsequent, uninsured medical costs, lost income from not working, loss of companionship with a partner, and pain and suffering. Without knowing your case’s specific circumstances, it is difficult to estimate the amount you might expect to receive. Talking to a lawyer will help you assess your case’s merits, and if you click on this link or call 1-800-624-9567, a lawyer from the Rottenstein Law Group will confidentially discuss your case with you any time, free of charge.