Transvaginal mesh is a medical implant used to treat symptoms of Pelvic Organ Prolapse and Stress Urinary Incontinence. Introduced into the market in the in the 1990′s mesh implants have become a mainstay of the American gynecological community in their treatment of female reproductive and urological complications. Despite their increasing use, medical implant manufacturers and medical doctors failed to disclose to patients increasing evidence of severe adverse reactions resulting from the implantation transvaginal mesh.
Our attorneys speaks with many women who have suffered serious medical complications due to the implantation of TVM (transvaginal mesh) devices. One of the most common questions asked by our perspective clients to our attorneys is, “What is the average settlement amount in a Transvaginal mesh lawsuit.”
Speak With an Attorney for a Free Case Value Estimate: Every transvaginal mesh injury claim contains a set of factors unique to its own. Thus, a clear calculation of an estimated settlement or verdict requires a thorough analysis on a case by case basis. This article is written as a template only and should not be used to estimate the value of your own claim. For a detailed and accurate case analysis of your claim contact our law firm. All consultations regarding your claim are completely confidential and free of charge. Call toll free (855)385-2529.
How Much is a Transvaginal Mesh Case Worth
The estimated settlement or verdict for a Transvaginal Mesh implant lawsuit is dependent on several factors of varying significance including the severity of the injury, requirement for revision medical procedures, and life care costs. Some of the most significant factors in determining an estimated settlement amount are presented below.
1. The Severity of the Injury: The magnitude of the injury suffered is a major factor contributing to the value of a transvaginal mesh lawsuit. Some of the most common medical complications include erosion of the vaginal mesh through the vaginal mucosa, severe pain and discomfort, sexual dysfunction or inability to perform sexual intercourse without great pain, vaginal Infections and vaginal bleeding, incontinence of the bowls, urinary and bladder control issues, and vaginal Contraction and shrinkage.
2. Need for Revision Surgery – TVM Take Down Surgery: Sadly in many cases victims of TVM implant defects will require multiple surgical procedures in order to remove the inserted device and relieve the grave pain and suffering experienced. Hundreds of women have had to suffered the excruciating process of multiple transvaginal mesh take down procedures. In one case a victim had to undergo 18 revision surgeries resulting in a verdict in excess of three million dollars. Each transvaginal mesh takedown surgery may cost a patients tens of thousands of dollars in medical expenses, as well as lost wages, pain and suffering and emotional trauma. Plaintiffs who file a claim are entitled to recovery for the cost of those procedures.
3: Lost Wages and Loss of Future Income: Plaintiff in defectively designed and manufactured medical devices are entitled to recovery of lost wages and future loss or reduction of income. In such instances vocational experts will be able to determine the estimated life time reduction resulting from injuries suffered.
4. Pain and Suffering: Pain and suffering calculations are made by juries who place a per diem (daily) monetary value of the physical and psychological hardship of a plaintiff. Such calculation take into account the level of physical pain suffered, and level of mental anguish evidenced through diagnosis of depression, anxiety disorders and PTSD (post traumatic stress disorder). An example of a hypothetical pain and suffering calculation is provided here.
- Client suffered from the daily pain of transvaginal mesh defect for the past 300 days and another 365 days for future pain and suffering adding up to a total of 665 days. A jury places a daily (per diem) monetary value for pain and suffering at $500.000. Thus the value for pain and suffering will be ($500 X 665) or $332,500.
5. Loss of Consortium: This is a claim that is often brought by a spouse of a victim. In many instances women are not able to perform sexual intercourse with their perspective husbands. In certain husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.
6. Availability of Punitive Damages: Generally punitive damages are awarded in a small percentage of cases. However juries hearing vaginal mesh cases has shown a proclivity to award punitive damages to plaintiffs. In a recent case a New Jersey jury awarded a victim of transvaginal mesh implants $7.76 million dollars in punitive damages on top of a $3.35 million dollar verdict for the injuries. Punitive damages awards are designed to punish a defendant so the they will no longer act in a manner that can result in further injuries. According to the jury the manufacturers of the mesh implant knew of the dangers associated with its use but failed to warn patients and their doctors.