Vaginal Mesh Lawsuits Increasingly Being Settled Out Of Court
Austin, TX (Law Firm Newswire) July 7, 2014 – According to numerous media reports and court docket records, many more vaginal mesh lawsuits are being settled out of court.
“It’s good news that vaginal mesh lawsuits are being settled out of court more often. It demonstrates that even though the mesh maker does not admit to wrongdoing, they are stepping up to bat to rectify the damage they have caused to millions of women,” says Bobby Lee, an Austin personal injury lawyer handling vaginal mesh lawsuits. “The most recent out of court settlement was Endo International PLC, the parent of American Medical Systems (AMS), agreeing to pay out approximately $830 million to assist in resolving pending litigation.”
AMS is just one of numerous companies facing thousands of lawsuits relating to vaginal mesh slings. However, the fact that the company appears to be taking the lead toward settlement with plaintiffs may indicate other companies, such as Coloplast, Johnson & Johnson, C.R. Bard and Boston Scientific, might follow in their footsteps. Most of the lawsuits were rolled over into multi-district litigation and are overseen by the U.S. District Court for the Southern District of West Virginia.
The Endo agreement to settle was announced after it was reported that the company faced close to 22,000 lawsuits as of February 2014. In 2013, the same company paid out $54.4 million to settle a significant portion of those actions. During that time period, the company also set aside $520 million to deal with legal costs associated with the lawsuits. That figure has been updated to holding a reserve of $1.1 billion to deal with all costs associated with vaginal mesh litigation.
“And in a move that demonstrates a little too little too late, the Food and Drug Administration (FDA) is calling for two proposed orders to deal with the risks of transvaginal mesh implants. The orders are intended to change the device from a Class II moderate risk product to a Class III high-risk product and also mandate device manufacturers to submit a pre-market approval application so the FDA may assess the effectiveness and safety of a device before it goes on the market. This raises the question of why the product would remain on the market, a question many personal injury attorneys are asking during the course of litigation,” says Lee.
Eligible plaintiffs under Endo’s agreement may receive, on average, approximately $40,000 each. Women that suffered more serious complications and required extensive surgery to attempt to remove the sling may receive more. The settlement is expected to be operative during 2015.
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
- Young drivers have more accidents due to risky driving behavior
Younger drivers, who do not have a lot of driving experience, exhibit more risky driving behavior than older, experienced drivers. Inexperience and distracted driving together cause accident rates to escalate exponentially. Car crashes are the leading cause of death for those 16 to 19-years-old. Mobile technology has many advantages if used properly, but it causes major distractions for drivers who need to be concentrating on the road and not on the screen of their smartphone. Anything that takes a driver’s attention and focus off the road can lead to an accident. According to the Centers for Disease Control and Prevention […]
- Are billboards a driving distraction?
Those who sell digital signboard space want more roadside billboards to capture the attention of drivers. Those who have seen drivers get into accidents as a result of distracted sign watching disagree. Digital billboard proponents say the signboards need to be plentiful in the largest cities in Texas because they attract more customers for local businesses. However, law enforcement, who see many accidents resulting from distracted driving due to looking at billboards, disagree with adding more to the cityscape. While there are billboards in some Texas cities, digital sign distractions are banned in Austin, Houston and Fort Worth. San Antonio […]
- Are smartphone makers doing enough to prevent fatal accidents?
With the technology growth in the development of personal devices, an interesting question arises. Are smartphone makers doing enough to prevent fatal accidents? Just recently a lawsuit was launched against Apple after a fatal collision in which one of the drivers was texting while driving. The lawsuit questions Apple’s liability in such accidents. It will be up to the court to decide whether or not cellphone makers are doing enough to prevent drivers from being distracted by notifications, calls, texts and whether they are liable in whole or in part for the accident. Legal pundits suggest Apple would likely not […]
- Man involved in a head-on crash seeks to be hidden by store clerks
The head-on crash in this story happened in an intersection in eastern Montgomery County. The wreck involved a 56-year-old man and a teenager. The teen managed to make it out of the crash unscathed, but the man left the scene. He ran to a gas station across the street, where he begged the store clerks to hide him. It was revealed later that the man had a blood alcohol content of .184, twice the legal limit. As it subsequently turned out, this particular felony crash was the man’s ninth DWI conviction. He received a life sentence to prevent him from […]
- Lawsuit alleges trucker drove recklessly
According to the statement of claim in this lawsuit, a Longview couple were left badly injured when a trucker, employed by a bottled water supply company, crashed into their vehicle. The suit alleges the company negligently entrusted a delivery truck to a reckless employee. It is further alleged the trucker was texting while driving, did not apply his brakes in a timely manner, was tailgating and did not maintain proper control of his truck. The accident happened in 2014 when the truck collided with the couples’ vehicle causing them to sustain severe physical and mental pain, loss of consortium and […]