Anatomy of a Transvaginal Mesh Litigation Settlement

//Anatomy of a Transvaginal Mesh Litigation Settlement

Anatomy of a Transvaginal Mesh Litigation Settlement

SEC logoOn June 14, 2013, American Medical Systems and its parent company Endo Health, entered into a Master Settlement Agreement with an undisclosed number of mesh-injured patients.

The following has been posted on the Securities and Exchange Commission report on the settlement.   The number of litigants is left out as are the Tiers of Injury and what they involve.  It is a lesson in how these settlements take place.

Mesh News Desk just reported that AMS/Endo has set aside $520 million for upcoming litigation- whether to pay the cost of litigation or to settle is unclear. See the story here.

Lawyers who negotiated this settlement are Freese & Goss and Matthews & Associates.

The amount agreed to is $54,500,000.00

Among the information included in the SEC here:

*AMS/Endo insists on a release of all claims

*AMS/Endo admits no Liability

*There are three tiers of injury for which women will receive compensation

*Prior to releasing the funds all claims must be settled. This includes claims to doctors, hospitals, medical bills Medicare and medicaid

*All of this information must remain confidential

Here is the SEC information.

By |2014-02-27T12:25:06+00:00February 27th, 2014|Mesh Reading Room Resource|12 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.


  1. James Falasco February 27, 2014 at 1:54 pm - Reply

    After the recent decision by the West Virginia court this most likely will be the last payout we will see. It will also be interesting to see if after the recent ruling the promise to pay is slowed and potentially reversed . When will the TVM community realize they need to reconfigure their thinking and become more data driven in their pursuit of litigation against the device companies is the bigger story here !

    • Julie March 2, 2014 at 2:59 pm - Reply

      So are does that mean that even if someone files a lawsuit now, it is too late? Did they give away all the money already?

      • Jane Akre March 2, 2014 at 4:31 pm - Reply

        Check with a law firm… the tolling agreements allowed many cases to enter this court regardless of statute in their various states is my understanding (a non lawyer) …

    • anonymous March 2, 2014 at 10:20 pm - Reply

      Insult to injury. You know, if you hit someone, you get placed in jail. If you drive drunk, you get placed in jail.

      These companies continue to “hit” and “drive drunk”… and now, when faced with the music, they get to skip off into the sunset, laughing all the way to and from the bank.

      If I didn’t have a Higher Power of my own understanding at this point, I would be drunk on my ass again. This is the hardest thing I have ever had to face. It is trying to destroy me physically and mentally and spiritually, but I know that somehow there will be some kind of justice. It may not be when and how we want it, but the laws of karma will prevail.

  2. Richard M Howden(AMU) March 5, 2014 at 10:21 am - Reply

    The payments of claims made against a victims settlement can take a loooonnngg time to complete. Victims that I have talked to have said they are not told nor given documentation of who is making claims or why until it is all over. If there is a mistake( claim being paid when it should not have etc.), it is the victims responsibility to get it corrected. If it happens to be the Treasury Dept. that took the money, good luck getting it back in a timely manner if at all. What a shock it must be to expect a “substantial compensation” only to find that it has all been taken for claims or fees. Kinda goes along with everything else we have to deal with as mesh victims, don’t it?

  3. angela gibson March 8, 2014 at 4:10 pm - Reply

    What if my Dr won’t remove my mesh? What if he won’t see me anymore ?he is’ going to put a electro type box on me to control my bladder? Someone e= mail me with what should I do? Or say to him? He is a bladder specylest ,it has been in me almost 2 years he examined me said he felt no erosion does that mean I am OK or does it need to come out before it does am already have a disableity I will be really screwed up ‘I won’t it out. Angela please help

    • Richard M Howden March 13, 2014 at 8:39 am - Reply

      Hello Angela, In reading your post it is my understanding that you are NOT having problems with your mesh but are worried about later on? Not all mesh recipients have problems with their mesh. If statistics can be used in this example, 30-40% of patients that have received mesh have varying degrees of complaints. Not all patients that have a mesh implant have the massive, devastating results that some of the men and women describe on here. The body fights the foreign object(mesh) and envelopes it in tissue to protect the body. When this happens, nerves can be entrapped or scar tissue can put pressure on nerves causing pain. This does not mean that the mesh is doing anything other than what it was supposed to do. Unfortunately for many of us that includes nerve entrapment and occasionally nerves have been cut during the implant. The removal of a mesh product, as many women and men have found out, is not an easy or without complications type of surgery. If you ARE having serious problems with the mesh, then by all means, start the process of trying to have a surgeon remove it if at all possible. But if you are worried that maybe down the road the mesh will go bad inside you I would wait before doing ‘elective’ surgery. You could end up with a worse situation than you are now.

      • Angela Gibson March 17, 2014 at 2:08 am - Reply

        Thank you for your reply means a lot. I have had all kinds of trouble. Bladder. Mesh so far not as bad as the pelvic mesh it has turned my world upside down.,pain in groin can’tsit sleep weak all over wake every hhour in pain buttocs sore hips sore use walker so weak before surgery got around without assistance. Can’t do anything foul smell sitting on toilet .like dead animal in me a monster more like it have two mesh am scared I know what is ahead money can’t buy health and money no good without health ,rather have my health,so many destroyed by company who wonted money so bad did not carewho hurt long as tthey were selling there poison Ippray an cry on a daily basis

        • Richard M Howden(AMU) March 24, 2014 at 3:13 pm - Reply

          Hello Angela, I have corresponded over the past couple of years with a woman in Australia who’s symptoms sound very similar to what you are describing. She had mass infection and a perforation of the intestine. Although she rarely ran a fever, she was passing ‘debris’ and blood and a ‘rotten’ smell with feces. Had a hell of a time convincing original Dr. ( he had implanted the mesh) and had to seek another Dr. who then had a hell of a time getting her records. After resection, mass amount of anti-biotics and still with mesh, she is feeling much better. Try to have blood work, urine and stool samples analyzed if possible. Hopefully you have a Dr. that will do that for you. I do not know if that will show you anything but if it has not been done, it should be. I am terribly sorry for the suffering you have to go through, Angela. Unfortunately for all of us with mesh, we will never be as we were before we were implanted with mesh. I still find it incredible that there can be so many of us, men and women, with hernia mesh, Gynecological mesh or reconstruction meshes that no longer live our life as we had known it. And every day there are new patients that will soon become new victims. And the FDA investigates Testosterone but denies any major problems with mesh. It is definitely a strange world that we live in. Best Wishes….

  4. Lea May 26, 2015 at 9:22 pm - Reply

    I had monarc mesh implanted 6-11 and at that time only side effect was aching pain in my lower abdomen especially at night –however starting 9/14!i started getting uti’s, bladder infections and fungal infections–3/15 I had a raging uti which took 2 different medications to clear up and 5-15 it has come right back –I constantly have a burning sensation even when there is no infection present –I am at a loss of what to do as is my internist –the urologist is in denial that anything is wrong –I am miserable and need some advice and suggestions

  5. D G November 30, 2017 at 2:12 pm - Reply

    I was appalled to receive a letter from my attorney Freese &Goss that I was no longer to be represented because the $54 million settlement does not include people like myself who have not had “revision surgery” which is an invasive surgery to remove the device and repair damage cause by this device over the last 10 yrs.
    They are using “duress” to force me to choose between major surgery or drop my case 12/31/17 because “Ethicon (Johnson & Johnson) is refusing to offer any money to settle my case”. As per Haawa at Freese & Goss clients were regulated to “groups” that would receive settlement $$, and I was delegated to a group that receives no money to have “revision surgery” in the future as my body is further damaged by this device. I will receive NO recompense for the PAIN AND SUFFERING I have endured over the last 10 years; nor will I receive any $$$ for the damage cause to my marital relationship because of a device that injured my internal organs.I don’t another surgery until it is life or death. I have had 2 back surgeries which resulted in “failed back surgery” after doctor “promised” I would be “healed” by surgery; then I was persuaded that the 2nd surgery would “heal” me for sure…well it didn’t. So, of course, I am reluctant to entertain the idea of “exploratory surgery” to remove the device and rebuild my vagina, bladder,uterus, and whatever else they find damaged.I believe Freese & Goss misled me for the past 5 yrs as their “client” now “group” member now “former client” by not encouraging me by referral to a specialist that I could trust.They used me, and my case, and people like me, to further their gains in the settlement process (30% of $54 million).When I called to follow-up on their letter, I was subjected to further emotional injury by being told if it was that bad, I would have had the surgery. Shame on FREESE & GOSS for using injured women like myself, (no matter what “group” I was put into)and should have told me LAST YEAR when the settlement was made giving me the opportunity to seek other legal counsel.

    • Jane Akre November 30, 2017 at 3:41 pm - Reply

      I’m so sorry DG….. yes, you needed a heads up and a referral to a mesh removal expert so you could make an informed choice about mesh removal. Removal is not advised if a person has compromised health, for example and can’t undergo surgery or anesthesia. They are still damaged. I don’t believe its likely though that F&G set you up, they likely had no idea that J&J would treat those of you for whom a removal is not advised, in a class that deserved no compensation. If they knew that, they wouldn’t have taken your case I imagine. I also do not like hearing what some ill informed person on the phone told you. I’ve heard far too many times that people are not treated with respect when they call their law firms. Do you need a referral to a mesh removal doc to see what your next step might be? Here are some:

      Dr. Charles Butrick in Overland Park, KS.
      Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health
      Dr. Raz, Urology Department, UCLA. 310-794-7700
      Dr. Lennox Hoyt, Tampa, 2 Tampa General Circle, 4th Floor Tampa, FL 33606 (813) 259 – 8500
      Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists 407-648-9400
      Dr. Una Lee, 206-341-0560. Seattle, WA, Virginia Mason
      Una Lee, Virginia Mason
      Edit contact
      Work: +1 206-577-9921
      Mobile: +1 216-406-4808

      Miklos and Moore in Atlanta, 770-475-4499,

      Dr. Veronikis in St. Louis – 314-251-6753. (He works with Sara Wood MD, also doing pelvic mesh surgeries)

      Dr. Phillippe Zimmern in Dallas. U Texas Southwestern Medical Center, Professor Urology, 214-645-8765, 214-648-4765

      Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health

      ***Dr. Raz, Urology Department, UCLA. 310-794-7700

      Daniel Elliott, Urology at Mayo Clinic, MN 800-446-2279, referring a pt 800-533-1564

      Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists, 407-648-9400

      Dr. Ali Azadi in Louisville, Norton Healthcare, U of Louisville School of Medicine, Ob-Gyn, 502-409-5600

      Dr. M. Tom Margolis in SF Bay area, private practice, Bay Area Pelvic Surgery, 650-228-4052

      Dr. Bruce Rosenzweig, Rush University, Chicago, Ob-gyn, 888-352-RUSH (7874)

      Dr. Jerry Blaivas, New York City Urology, 212-772-3900

      Dr C. Y. Liu, gynecologic endoscopic surgery, private practice, NYC 212-988-1444

      Dr. Robert Furr, Women’s Surgery Center, Chattanooga, TN. 866-899-0679.

      Dr Una Lee, Virginia Mason Clinics in Seattle, 206-341-0560

      Dr. Greg Vigna, 318-548-2649, pudendal neuralgia damage

      Dr. Christian Twiss, Tucson, U of Arizona

      Dr. Jeffrey Snow, Pembroke Pines, colorectal surgery and hernia mesh 954-450-1617

      Dr. Francisco Orejuela, Baylor Hospital, Houston, Tx

      Docs I’ve heard reports on:

      Dr. Parnell FACOG in Birmingham, AL, Brookwood Med Center, ultrasound.

      Kenneth Peters, Urologist, Beaumont Hospital in MI- on interstim and implanting into the S2-S4 and the pudendal nerve pain improved.

      Dr. Robert L. Summit, urogyn, Memphis

      Dr. Val Vogt, Memphis

      Dr. Bob Shull, a urogyn from Temple, Texas.

      Antonio Pizarro. Shreveport, LA 318-221-0021.

      Dr. Speights of Jackson Mississippi.

      Dr. Sara Diaz of Richmond, Indiana

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