Several manufacturers of vaginal-mesh implants are working towards settlement after thousands of women have suffered serious injury and wrongful death. According to reports, there could me more than 50,000 claims filed and joined in this potential products liability settlement. Insiders claim that the liability is strong in these cases so it is likely that there will be a settlement and recovery for victims.
Vaginal-mesh inserts are used to support women’s pelvic muscles and treat incontinence, especially after child birth. For these women, the consequences and injury were severe, and in some cases, deadly. Our Massachusetts vaginal-mesh injury attorneys are dedicated to protecting the rights of victims and their families. We are abreast of the legal developments involving these cases and in continuing to advocate for the rights of medical device injury victims.
In products liability cases, victims must demonstrate that a manufacturer knowingly distributed a dangerous or defective product and did not properly warn consumers. Medical device manufacturers can also be held liable for failing to properly test products for safety. If you are a victim of injury related to vaginal-mesh implants, it is important to consult with an experienced advocate regarding your opportunities for recovery and settlement.
A U.S. District Judge is overseeing the federal lawsuits targeting the implants in Charleston, West Virginia. The lawyers are requesting that the judge assemble a settlement committee, including the plaintiffs’ lawyers. Insiders assert that many of the settlements are going on behind the scenes and involve more than 30,000 implant lawsuits. These lawsuits were consolidated before the pre-trial information exchanges and involved a number of defendant manufacturing companies.
The lawsuit settlement could be significant. Some project that the class could recover a multi-billion dollar settlement given the extent of injuries and the vast number of cases nationwide. While there are a number of different manufacturing companies named in the lawsuits, including Johnson & Johnson, most are not making comments about settlement at this time. Bard’s implants have been the subject of over 12,000 lawsuits and Boston Scientific is facing more than 12,000 lawsuits involving its vaginal devices. Endo’s American Medical Systems Inc. faces a combined 13,500 for state and federal lawsuits. Regulatory findings indicate that Johnson & Johnson faces over 12,000 lawsuits.
The defendant companies claim to be sorting through a number of unfounded or “unverified” complaints. While the companies may dismiss some claims where there was no compensable injury or if there was a bar due to statute of limitations, most of these victims still stand to successfully recover in the settlement. Some previous suits have already been settled. According to Endo officials, the company has already paid $54.5 million over some of the medical device lawsuits alleging that the inserts were defective.
Settlement can work in the interests of both parties if plaintiffs can recover fair compensation through the process. Companies can also benefit from the settlement process because they won’t have to pay additional litigation and court fees. Manufacturing companies are moving towards settlement after already losing several trials involving the defects.
If you are the victim of transvaginal mesh injuries Massachusetts, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
More Blog Entries:
Compounding Pharmacy Regulations Put Patients in Danger, Sept. 9, 2013, Boston Product Liability Lawyer Blog
Oregon Implant Malpractice Case Heads to Court, Product Liability Lawyer Blog, September 14, 2013.