Mesh Medical Device News Desk, August 21, 2016 ~ Mesh Settlements- Will You Say Yes?
You may recall earlier this year, Johnson & Johnson made an offer to settle up to 3,000 lawsuits filed by women who claim injuries from the company’s pelvic mesh. The $120 million settlement would result in an average amount of $40,000 to 60,000 per case with some women receiving much more and some much less. More on the settlement’s announcement last January in a background story on Mesh News Desk here.
While some settlements may be in the works, it raises an important question for the injured. Will you take yours? That is a question a woman diagnosed with pudendal neuralgia especially should ask.
As for things to consider at this juncture, the following is written by Dr. Greg Vigna, JD and MD and is not sponsored copy.
The Debacle Continues: Pudendal Neuralgia Victims Caught In A Bind?
As the Mesh Debacle continues the roll of the appointed Special Masters is in focus. Both Federal and State Courts appoint a ‘special master’, to oversee the settlement administration to ensure that claims are handled fairly and efficiently within the framework of the negotiated settlements.
Because Settlements are confidential it is impossible to understand how the Special Masters of the various Settlements are handling the ‘Linda Gross Injury’ or reliably ‘diagnosed pudendal neuralgia.’ This fact is not fair for those with the most catastrophic injury of the transvaginal mesh.
Individual litigation provides the power of mediation where two parties weigh risk versus benefits of accepting or rejecting offers of compromise where there are well defined monitory damages for future care, past medical expenses, and wage loss that can be presented but the possibility of punitive damages are weighed by the parties.
There are too many questions for those with diagnosed pudendal neuralgia:
- Can mere medical records provide the evidentiary support for adequate compensation for those suffering with pudendal neuralgia and Complex Regional Pain Syndrome?
- Is the determination from the Special Master Binding for those with Pudendal Neuralgia?
Will there be an attorney available to proceed further after a non-binding Special Master determination is rejected by a victim suffering from pudendal neuralgia?
Fortunately, for those who have a reliably diagnosed pudendal neuralgia with the resources to go the distance there are attorneys stepping up for those
who are most injured from the TVT-O devices and Pelvic Organ Prolapse devices from AMS, Boston Scientific, and JNJ that are willing to roll on with the Settlement Lien for those with pudendal nerve injury, which are believed to be excluded from the Matrix Settlements to date.
Pudendal Neuralgia ~