FDA Orders Pelvic Mesh Implants To Be Taken Off The Market
For over a decade lawyers have been filing claims against the manufactures of pelvic mesh and transvaginal mesh implants. After multiple trial verdicts and billions of dollars in settlements, the FDA has finally ordered the sale and implementation of these defective devices to stop.
This synthetic device has been banned in some countries. It has impacted people all over the world. The legal battle in the United States began in 2011 and has become one of the biggest mass tort cases ever. Almost $8 billion dollars have been paid out to over 100,000 people in the US alone.
Complaints about this defective product have been going on for many years. Only now after so many lawsuits have been filed and money paid out to settle claims is the spotlight shining on this faulty product that has been implanted in so many people.
The FDA reclassified pelvic mesh in 2016 and ordered the manufacturers to prove it is safe and effective. They have not been able to adequately show this to be true. The FDA has given the medical device manufactures 10 days to submit a plan on how they are going to remove these products from the marketplace entirely.
The fact is, there was never any need for such a device in the first place. There has always been an alternative procedure that uses the patients own tissue rather than a synthetic device. Unfortunately, most people were not informed about this other procedure and were instead advised that implanting a synthetic medical device was the best option to live a happy, fulfilling life.
Money and profitability were the driving forces behind it all rather than proper care, treatment, and finding a cure to remedy the pain people have been experiencing. It seems that everyone within the system was making money from the pain and suffering people experienced due to this defective synthetic product.
Not only have the medical device manufacturers made a ton of money but also the lawyers that have been representing people that have been injured by those devices.
In fact, many people are unhappy with the amount of money they are left within their settlement after all the lawyer fees and ancillary expenses.
For example, one woman who was awarded slightly over $12,000 in her pelvic mesh settlement only received about $3,500 when it was all said and done. Lawyers fees, attorney expenses, and other costs ate up the bulk of her award. This is an all too common occurrence.
In many cases when the client attempts to contact their attorney to discuss the fees, they are not able to talk with their lawyer, but instead are directed to speak with someone else on the staff. Then they are told that the fees are fair and were properly disclosed in the attorney retainer agreement every client must sign when hiring a lawyer to represent them.
Thousands of pelvic mesh cases have been filed since the litigation began. This has resulted in an inflated litigation process that has not panned out to the level most predicted. The average pelvic mesh settlement is approximately $60,000 with attorneys taking 40% (in some cases 45%) of the settlement in addition to ancillary expenses such as food, lodging, and private planes.
It has gotten so bad that many claimants are suing their attornies.
Pelvic mesh litigation has become such a mess on so many levels that the FDA has finally decided, enough is enough.
Now that the product is to be pulled from the market entirely it stands to reason that many more lawyers are going to file pelvic mesh claims. It is important to choose the right attorney to represent your best interests rather than an attorney who is just looking to add your claim to their existing caseload and make it more profitable for them.
If you have any questions or would like legal help in any capacity, don’t hesitate to contact our firm, The Law Office Of Daniel Weltin and talk directly with the attorney that will handle your case.