Endo Transvaginal Mesh Settlement: $830 Million for 20K Claims

Transvaginal mesh (TVM) manufacturer Endo International PLC has agreed to pay  $830 million to settle about 20,000 lawsuits that allege its vaginal-mesh implants eroded in some women and left them incontinent and in pain.

Endo’s American Medical Systems Inc. unit said in a statement that it’s settling the suits over devices including Pedigree, Apogee and Elevate implants. Dublin-based Endo still faces more than 23,000 claims not covered by the settlement, reports Bloomberg Businessweek. Some of those cases have been consolidated for pretrial proceedings in West Virginia.

In 2010, doctors performed approximately 70,000 mesh implant procedures. Transvaginal mesh was a popular treatment for pelvic orgran prolapse, a condition caused from pelvic organs, including bladder, slipping through the pelvic wall and into the vagina.

Thousands of women complained that these devices caused organ damage and pain during sex, which brought about product defect lawsuits against makers of transvaginal mesh.

Endo has yet to go to trial over its transvaginal mesh, and this recent settlement will significantly decrease its exposure in court.

The U.S. Food and Drug Administration (FDA) recently announced that these vaginal mesh devices might need to be regulated as “high risk.”

Carl Tobias, a University of Richmond professor, told Businessweek that, “settlement is looking more attractive to [vaginal-mesh device makers].” With Endo moving to settle a chunk of its claims, and with million dollar verdicts going to plaintiffs, settlement may be the new trend.

Endo is looking to exchange cash sum for release of liability for claims over the company’s vaginal mesh devices. The settlement will also need a judge’s approval.

Understand that the settlement does not bar women from seeking more in damages if they suffered “severe injuries” or had been forced to “undergo multiple surgeries” as a result of the transvaginal mesh implants, reports Businessweek.  It is not unusual to separate plaintiffs by the severity of their injuries in a settlement.

The Endo settlement may also involve some form of non-disclosure agreement with respect to Endo and its products, and plaintiffs’ families may want to pay close attention to what they say after settling.

Endo said in securities filings in February that it was reserving $520 million to be used for vaginal-mesh litigation. The company also has said it has insurance which may cover all or part of the costs of resolving the implant cases. Endo said yesterday that it has set aside a total of $1.1 billion for legal costs relating to the device lawsuits.

If you or a loved one suffered injuries from a transvaginal mesh implant device, you may be entitled to compensation. For more information, contact one of our Gacovino Lake attorneys at 1-800-246-HURT (4878).

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