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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.

http://www.sec.gov/Archives/edgar/data/1100962/000110096213000038/ex10144meshsettlementagree.htm

10 Comments

  1. 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 says:

      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 says:

        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 says:

      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) says:

    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. 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 says:

      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 says:

        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) says:

          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 says:

    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

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