- Created on Friday, 15 June 2012 14:24
We were recently pleased to announce that Johnson & Johnson has agreed to discontinue selling all but one of their transvaginal mesh products. This is a direct result of victims speaking up against the negligence of a large medical device manufacturer who placed profits ahead of safety.
It is now more important than ever to come forward if vaginal mesh has caused you any amount of pain. Here's why: if things continue down this path (where the manufacturers are willing to stop selling their products – i.e. an admission that the rate of failure of these devices is significant and unacceptable) then the following lawsuits may play out.
If a judge decides that the manufacturers of vaginal mesh were negligent and responsible for the pain their products have caused, they are likely to come up with a methodology to compensate the victims. Obviously, a woman who has had severe pain, bleeding, and multiple surgeries should receive a larger payout than a woman who has only had some mild discomfort. Hence, a class action would not be appropriate in this situation. So the judge might come up with a dollar amount for which J&J, for example, is responsible. Then all victims of vaginal mesh may be placed into a 'matrix' of sorts to try and match the level of pain/inconvenience/etc with a level of compensation, in the most fair and equitable way possible.
This differs from class actions in where all victims are equally compensated and the lawyers are the only ones that come out with a large payout. The purpose of the above setup is to acknowledge that it may be unfeasible for a judge to hear thousands of similar cases but where discretion is still available to fairly compensate everyone differently – so that the most injured victims receive the highest payout, the least injured victims receive a smaller payout and everyone in between falls somewhere in the pain/payout matrix.
It's still too early to know for sure but if these cases end up going down a similar path as described above, there will essentially be a large pot of money available to those who come forward. Unfortunately, you will still need a lawyer to facilitate this payout process but if choose a good vaginal mesh lawyer carefully, your odds of maximizing your compensation increase dramatically. There are a lot of things that a lawyer, experienced with this type of litigation, can do to ensure that you get a bigger slice of the pie and to ensure that you are adequately compensated for any pain that vaginal mesh has caused you; both for any past/additional surgeries that may be required, as well as any other pain that is less tangible (i.e. years of a ruined sex life due to the tearing of a vaginal mesh implant.) We'll even let you know for free if we think you have a case and what options are available to you.