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 sued the manufacturers for compensation for the injuries their meshes caused them. In federal court alone, there are five multidistrict litigations (MDLs) pending in the Southern District of West Virginia. The question many women who are considering joining them is, “What is the amount of compensation from a vaginal mesh lawsuit?” Although every woman’s situation is different, the result of one lawsuit is promising.
California Plaintiff Received C.R. Bard’s Avaulta Mesh
Christine Scott of Bakersfield, California was an avid runner before receiving C.R. Bard’s Avaulta Mesh to treat her SUI. Subsequently, the mesh began perforating into her large intestine, and tissue began growing through the holes in the mesh. Despite eight surgeries, she still suffers from side effects and might have to go under the knife many more times. For four years, Scott battled C.R. Bard in court for compensation. On July 23, 2012, she finally won.
Jury Awards $5.5 Million in Compensation
Despite the court barring her from discussing the trial before its conclusion, Scott persevered and won a jury award of $5.5 million, which the jury divided between $5 million for damages and $500,000 for the loss of companionship she had with her husband. Commentators characterize the trial as a “landmark” because it is the first of its kind in the United States.
C.R. Bard ceased sales of Avaulta Mesh on July 1, 2012.
Joining MDL Preferable to Joining Class Actions
Women who seek compensation from their mesh’s manufacturer as 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 MDLs in West Virginia, or even joining a similar state court action, is advisable as the amount of compensation will more likely approximate the actual injuries you suffered.
Contact RLG for a Free Consultation
Although Scott received what appears to be a high amount of compensation, her case’s results depend on many factors that might or might not be present in your case. A plaintiff can allege damages that include subsequent, uninsured medical costs, lost income from not working, loss of companionship with a partner, and pain and suffering. These items cannot be given a dollar value without knowing your case’s specific circumstances. Talking to a lawyer will help you assess your case’s merits, and if you click on this link or call 1-888-519-7362 a lawyer from the Rottenstein Law Group will confidentially discuss your case with you. The consultation is free of charge.