The settlement process for a transvaginal mesh claim is often overwhelming and leads to confusion for many clients. Clients will receive a very detailed settlement packet once their claim is settled. We highly encourage our clients to read their packet thoroughly and to contact our office with any questions they might have. What follows is a brief overview of how mesh claims are settled and what our clients can do to help their claim.
How are transvaginal mesh claims settled? Most mesh claims are often filed in the United States District Court of West Virginia as part of a multidistrict litigation specific to the manufacturer of the product implanted in a client. Upon settlement, these cases are individually analyzed and receive an allocation based on the extent of a client’s injuries.
If a client had mesh implanted but has not experienced any medical issues related to the product, she will receive a lower allocation than a client who has ongoing issues or who has a revision or removal surgery. Those clients with similar ongoing issues or the same number of revision or removal surgeries often receive the same allocation. It is important to provide medical records to support any claims made by our clients of ongoing health issues so that their issues can be considered upon settlement.
What can clients do before settlement? Many of our clients have resigned themselves to their current health condition and are often enduring considerable issues such as incontinence or pain without medical intervention. Every mesh-related health issue is pertinent to a mesh claim and could potentially affect a client’s settlement amount, even if the issue does not require surgical intervention.
We encourage clients dealing with ongoing issues that might be related to their mesh claims to seek professional medical treatment so that their issues can be considered upon settlement. We often send letters or emails to our clients asking for updated medical information so that our client files will encompass all our clients are enduring as a result of their mesh implants. We encourage our clients to seek medical attention and to keep our firm updated on their health as well as any follow-up appointments, procedures, or surgeries they have following initial mesh implantation.