This fall, a major medical device manufacturer is laying out millions of dollars to settle their vaginal mesh lawsuits. Endo, which manufactures and markets these products through its subsidiary, American Medical Systems (AMS), will be forking over another $400 million payment to resolve a large group of vaginal mesh cases. After this payment (and prior settlements occurring earlier this year), Endo is set to resolve almost all of the vaginal mesh lawsuits currently pending against the company in the U.S.
Another well-known defendant in vaginal mesh lawsuits, C.R. Bard, has agreed to pay out $21 million in order to settle some 500 cases against the company. Of course, the details of the deal are confidential, but the math would indicate that this is a “case average” of about $42,000 per plaintiff. A “case average” of $42,000, of course, would not indicate that literally every plaintiff would get $42,000 for their case; the most likely scenario is that the more injured plaintiffs with less legal issues (e.g. bad state law; statute of limitations; liability issues) would get higher payouts than plaintiffs whose cases had more problems (e.g., no revision surgeries; no verifiable/documented injuries in medical records; liability problems; bad state laws).
These 500 cases have been consolidated in a federal court in West Virginia. C.R. Bard still faces approximately 12,000 more vaginal mesh lawsuits.
Two verdicts arrived last month in trials against Boston Scientific. In Boston, Massachusetts the manufacturer prevailed and a woman was awarded nothing ($0), while a week later in Dallas, Texas, a jury ordered Boston Scientific to pay $50 million in punitive damages for a bladder sling case. However, because of “tort reform” laws in Texas, the punitive award was cut back to $11 million. Boston Scientific is still facing over 14,000 additional vaginal mesh lawsuits across the country, most of which have been consolidated before a federal judge in West Virginia.