So far, American Medical Systems (Endo) has gone forward in settling lawsuits while the 3 of the 4 remaining “big 4” manufacturers continue to fight. According to media sources and members of the legal community, litigation over these meshes could become as widespread as that over asbestos.
One complication to the resolution of these suits is that many of these meshes have NOT been restricted and/or received heightened scrutiny by the FDA and many remain on the market and are still being surgically implanted to this date. Many new lawsuits pop up on a daily basis.
If you have currently filed a transvaginal mesh lawsuit, you may be approached by a company offering “pre-lawsuit funding” - or alternatively, you may be looking into such services. These companies essentially offer loans against any court judgment a plaintiff receives. In return, if and when the plaintiff wins the case, she pays back the advance – along with a fee that is so massive that even the highest credit card interest rates pale in comparison. The fee is so massive because the funding companies take a high risk; because if the plaintiff loses her transvaginal mesh lawsuit, the companies never recoup their funds.
Although lawsuits against vaginal mesh manufacturers are moving forward, realistically injury lawsuits of this kind can take years to settle. The type of cash advances offered by these companies can be useful to plaintiffs who have ongoing expenses and immediate needs. The downside is that the fees charged can take a large bite out of any final award (keep in mind that law firms that take such cases on a contingency fee basis generally also assess fees and costs; attorney’s fees generally range anywhere from 33% to 40% of the recovery).
If you do decide to take a cash advance against your potential transvaginal mesh lawsuit settlement, it's a good idea to shop around, as the fees charged by these settlement companies can vary widely. You will also want to check with the Better Business Bureau and find out if there have been complaints filed against a particular funding company before making any commitments.
For More Information Regarding the Transvaginal Mesh Litigation, visit our Vaginal Mesh Lawsuit Page.