Coloplast Reported to Offer $16 Million to Settle Transvaginal Mesh Lawsuits

Mar 4th, 2014 | By | Category: Legal News
Prolene Mesh

Prolene Mesh

Coloplast is one of the smaller manufacturers of transvaginal meshes and is one of six of the 53,000 cases consolidated in federal court in West Virginia. Now Coloplast A/S is said to be willing to settle its outstanding lawsuits for $16 million. 

The Danish company will offer about $40,000 for each claimant, reports Bloomberg, to settle about 400 product liability lawsuits. Women who have had their life damaged by migrating and infected polypropylene mesh, that amount is hardly enough to regain their lives much less cover the future surgeries they will need for removal and treatments.

Coloplast was entered into multidistrict litigation in August 2012. Mesh News Desk did a story on the products it made at that time here.

There are currently 1,356 Coloplast lawsuits filed in the So. District of W.V. here.

Other manufacturers include Ethicon, a division of Johnson & Johnson, American Medical Systems (a unit of Endo health), Boston Scientific, C.R. Bard and Cook.

J&J has refused to discuss settlements vowing to try each case on its own merits. That is what it said about the DePuy metal–on-metal defective hips that left so many in need of a revision while causing pain and toxic metal poisoning, before it made a settlement offer of $2.7 billion that is expected to grow as more cases come forward.

These are product liability lawsuits that claim the defective transvaginal mesh products should never had been made and certainly should never have been released on an unsuspecting public without clinical trials.

The meshes used to treat incontinence and to hold up sagging pelvic organs, are approved under a safety loophole of the Food and Drug Administration known as the 510(k) approval process.  There are at least 60,000 lawsuits filed around the country in state courts with the majority filed in federal court in Charleston, West Virgina.

Business Week story is here.

 

Share this:
Share this page via Email Share this page via Stumble Upon Share this page via Digg this Share this page via Facebook Share this page via Twitter

26 Comments to “Coloplast Reported to Offer $16 Million to Settle Transvaginal Mesh Lawsuits”

  1. Noreen Wideman says:

    being one of the smaller manufacturers I suppose higher settlement offers might bankrupt them , but the amount of $40,000.00 will barely cover the medical costs of most women if their medical insurance providers put a lien on the settlement amounts …so sad , what a kick in the gut after what many women go through

  2. Aaron Leigh says:

    I believe this settlement offer is going out to a small minority of the pool of their 1,300+ claimants- supposedly, those less severely-injured. Let’s hope that our legal system and our attorneys do not fail us, as the rest of our society’s fail safe’s have!

  3. Teresa Jones says:

    This is unacceptable. How could any woman and her family accept this low offer. Any woman implanted with any mesh is going to have a life time of medical needs, removals do not immediately restore health and I have not yet met one woman who was completely restored to health. However, when you do the math 1300 plus claimants divided into 16,000,000 is $12,307.69 and in most cases 40% to 50% goes to attorney fees. This is immoral; bad, wicked, dissolute, dissipated, profligate and depraved. Many women will be or are divorced others have or will commit suicide and those who cannot have it removed will die from it. God help us all.

  4. Teresa Jones says:

    This is the current value of
    http://www.coloplast.com/About-Coloplast/History/

    451.70 DKK = $83.1284 US Dollars

    • Jane Akre says:

      With the settlement extending to 400 lawsuits, there is no word on what will happen to the thousand plus who are not included in this.

  5. Annie says:

    To accept that amount will kill me. I’m having to eventually pay $700 dollars just to see Dr. Raz for a consult. I all ready know I have damage. I will need surgery to remove the mesh in my body. Can you imagine how much surgery will cost me. My insurance will not cover my surgery . I’m so upset about this. I know we all are. I pray every day that I wake up because my body is so tired of fighting these infections. I’m exhausted all the time . Therapy several times a month . Neurologist like twice a month . Urology several times in a month. Gyn like every month. I drive an hour away to my specialist. Its never ending. I can’t work. I can’t stand up for long periods to much pressure and pain from pelvic floor damage. I was a medical assistant . I love working and helping people. I have no income. My husband works but we barley get by . I’m stuck in a life rut. I don’t want money for items. I need it for my surgery the gas and my loss of wages. I pray for a good out come for all of us women affected by this horrible life changing products. Doctors dont even know how to remove it so we have to go to highly paid specialists.

  6. Debi says:

    This mesh which I have in three different places in my body has ruined my life. Taken away my being a woman, left me divorced, unemployed. I suffered on a daily basis. I waited 5 months to see Dr. Raz and have to wait another 6 months for surgery to remove this life altering mess. I will not settle for such an insult. My lawyers have told me not to settle for anything less than what my life was before this mess in 2008. And I won’t. And I hope every woman who has this mesh implanted in her doesn’t settle!

  7. Terri White says:

    BE CAREFUL LADIES,that means 40 thousand to you and a couple of lawyers will split millions.I know this how? Because my lawyers settled my case and 100 others without even asking any of us .They’re going to make millions,and you after court cost,medical reimbursement and attorney fee’s . YOU GET NOTHING !! I am begging all of you to be diligent.Your lawyers, are no more concerned about you or the brutal attack of your bodies. BEEN THERE DONE IT. Lost all faith in mankind, HATE the lawyers worse than JOHNSON & JOHNSON. Good luck ladies,please be careful don’t let them tell you ” this is as good as it will get”, then shove it down your throat. GOOD FOR THEM (lawyers) . Horrible for you !!!!!!.

    • Jane Akre says:

      You bring up a good point Terri- lawyers are required to notify you about any settlement amount, at least that is generally stated in your contractual agreement with the law firm. Might be a good time to look up those papers and see how it is stated and hold them to that agreement!!!

      • Terri White says:

        Jane,I appreciate your acknowledgement of my statement.You were right to advice these women to review their contracts. Not that ,that is gonna make the lawyers do what is right. To this day 3 plus years later,I do not even know what the total amount of the settlement was.However I do know what each of the 100 ladies received,and it wasn’t pretty. Actually my settlement was forced on me,that wasn’t pretty either. You see J&J said it was all the claimants or none. so the lawyers said. Like I said earlier .Ladies be diligent,hire another attorney to police your current ones. If what happened to me can happen.It can and will happen again. Whats done in the dark,shall come to light.You have been told some of the story.Just want you all to know to look out for your selves. What was done to us was malice,destroyed our bodies ,families, every normal aspect of our lives have been changed forever. Money can never repair whats happened . My mesh journey began 9 years ago,to this day I see several doctors a month for the mesh damage. and yes a psychiatrist for the lawyer/mesh damages. It never ends .

        • Debi says:

          Ok I just had to add this to vent. I ask my lawyers to send me a copy of my complaint. What a joke! It is little boxes that are checked off. Mine didn’t even read my medical records! I have mesh in three different areas. My female body is gone, ruined. Dr. Raz has told me he can fix me, but we won’t know the internal damage until I have an ultrasound. I read my medical records from the original surgery done Aug 2008. The material is written four times in the first page. Tell me how do you miss that. I hate lawyers! I hate the FDA and big pharmaceutical. My life was ruined! The pain I live with every day is sometime unbearable. I will not settle for $40,000. Really no amount of money can put me back together. But Coloplast your offer is a joke! And women will not allow you to get away with this insult! Sorry needed to vent.

  8. Richard M Howden(AMU) says:

    Here again is another example of how the system works against us as victims of an ‘approved’ medical device that the FDA will not fully acknowledge as inherently bad in all it’s forms. $16,000,000 Settlement! will look good on the Lawyers advertisement to the men and women who are desperate to pay the medical bills or for the surgery they hope will ‘fix’ them. $16,000,000 is a drop in the bucket for a world wide corporation. They probably carry insurance for just this sort of litigation or have a ‘slush’ fund set up to make a quick payoff. And that is exactly what it is. We all know that there are more than 1400 women affected by this product. They will join the 1000 women who lost their chance at a settlement with this case. And those women will join the 10′s of 1000′s that also lost their chance at a lawsuit with all the other cases. As has happened with other MDLs’, the Lawyers, the Court and in some aspects, the manufacturer determine who has been damaged enough to be deemed worthy. After waiting for years, mesh victims, hopeful of some compensation and a little retribution against the manufacturer, suddenly find that they are no longer included in the Settlement phase of the case or that most, if not all of their monies have been subjugated. They are left in pain, disfigured, scarred, unemployed and in many cases, bankrupt and homeless. No matter the make, model or purpose, mesh is plastic garbage that should not be used for human implants unless it is for saving a life. So these MDL cases end up being another lie, another deception to a patient who trusted their Dr. to do right by them and are now suffering. They find that the governmental agency that will sue a Baby Carriage and put them out of business for smashed fingers on a couple of kids will do very little for 100′s of 1000′s of mesh victims who’s numbers increase daily. The mesh victim is forgotten after these MDL’s and sometimes even when they are still involved in the case. Some mesh victims are still waiting for their portion of settlement money months after the case is over and cannot get much, if any, information on the when, how or why. Until the FDA recalls all mesh products and stops the 501(K) process that allows it, we as mesh victims will not see our “Substantial Compensation” or criminal charges against the manufacturers, as I would hope there would be. Our journey is not easy as we deal with all that comes with a mesh implant. Others that do not know about mesh implants and what it can do find it hard to understand when we look normal but are in so much pain. Even our Doctor’s sometimes do not know or really care about what we are going through. Combine all of that with what some of these MDL’s are doing and promising and you have one hell of a movie! I hope to be alive to see the happy ending…….

  9. Richard M Howden(AMU) says:

    Here again is another example of how the system works against us as victims of an ‘approved’ medical device that the FDA will not fully acknowledge as inherently bad in all it’s forms. $16,000,000 Settlement! will look good on the Lawyers advertisement to the men and women who are desperate to pay the medical bills or for the surgery they hope will ‘fix’ them. $16,000,000 is a drop in the bucket for a world wide corporation. They probably carry insurance for just this sort of litigation or have a ‘slush’ fund set up to make a quick payoff. And that is exactly what it is. We all know that there are more than 1400 women affected by this product. They will join the 1000 women who lost their chance at a settlement with this case. And those women will join the 10′s of 1000′s that also lost their chance at a lawsuit with all the other cases. As has happened with other MDLs’, the Lawyers, the Court and in some aspects, the manufacturer determine who has been damaged enough to be deemed worthy. After waiting for years, mesh victims, hopeful of some compensation and a little retribution against the manufacturer, suddenly find that they are no longer included in the Settlement phase of the case or that most, if not all of their monies have been subjugated. They are left in pain, disfigured, scarred, unemployed and in many cases, bankrupt and homeless. No matter the make, model or purpose, mesh is plastic garbage that should not be used for human implants unless it is for saving a life. So these MDL cases end up being another lie, another deception to a patient who trusted their Dr. to do right by them and are now suffering. They find that the governmental agency that will sue a Baby Carriage company and put them out of business for smashed fingers on a couple of kids will do very little for 100′s of 1000′s of mesh victims who’s numbers increase daily. The mesh victim is forgotten after these MDL’s and sometimes even when they are still involved in the case. Some mesh victims are still waiting for their portion of settlement money months after the case is over and cannot get much, if any, information on the when, how or why. Until the FDA recalls all mesh products and stops the 501(K) process that allows it, we as mesh victims will not see our “Substantial Compensation” or criminal charges against the manufacturers, as I would hope there would be. Our journey is not easy as we deal with all that comes with a mesh implant. Others that do not know about mesh implants and what it can do find it hard to understand when we look normal but are in so much pain. Even our Doctor’s sometimes do not know or really care about what we are going through. Combine all of that with what some of these MDL’s are doing and promising and you have one hell of a movie! I hope to be alive to see the happy ending…….

  10. Aaron Leigh says:

    Dear Terri – I can understand how you must feel- betrayed, used, irreversible harmed and discarded. I am so sorry for your injury. I can say that I know two attorneys who care deeply and I’m happy to share them with any woman who is still able to choose an attorney or has not yet signed a contract. I urge you to try as hard as you can to just keep doing good, even in the face of pure evil. It matters what you do. It truly does. Much love and God bless you and carry you through this nightmare.

    Love,
    The Mesh Warrior

  11. InAZ says:

    My attorney fees is 40% but in addition, all of you’ll be charged the following attorney’s fees as well. There are still 12.5% local attorney’s fee(your attorney will have consulted regard to your state laws), 8% MDL fees(head trial lawyers) and 4% MDL client assessment fees(What a BS fee this is). Then 25% will be held for subrogation. I.e Medicare, Medicaid or private ins. Some States like AZ do not have subrogation contracts. However if you have used Medicare or Medicaid, they will get their money before the Plaintiff. You do the math, not much left. The Attorneys make money from the sheer volume of the cases. Your Attorney will convince you to settle by saying the Judge wants the cases settled and will not give trial dates, especially when there are so many cases. Basically Judge acts as God. I know, not fair. Be realistic fairness is and justice is not in the cats for the mesh injured.

    • InAZ says:

      *Not in the CARDS. Oh yeah, there are other fees like medical records, lien search, other expenses that are in the thousands. Believe me, these are the facts.

  12. maestra says:

    I find this interesting- talks with several lawyers(one th eleading malpractice group in USA) led me not ot pursue a legal course at that time- my time is running out in a few months for when I can file a lawsuit in my state- all told me with mentor aris the chance of getting a decent setllement vs the aggravation was minimal.

    SO I am glad to see this coloplast is in court and even if plaintiffs receive a little amount, I believe in time all these cases will force the FDA to recall these items. WIth a recall they will pay a lot more. Does it give us our lives back? Absolutely not- but it may save women and men in the future from this pain.

    I also worry about the tabs left in me though themesh is all out- what does the future hold for me 10 tens years from noo How do I know I will not face another medical crisis because of this horrible product?

    I see many of you wait for Dr Raz- I hope you all know thathe trained many good surgeons around the country. tvt-no.org keeps a list of these men and women. I went to oneon the East Coast. Excellent. And no long waits.

    • Jane Akre says:

      Lots of docs out there and lots of partial removals….care to share who you used?

      • maestra says:

        I will beglad to share my doctors:
        east Coast
        I used Dr Brittanty Star Hampton – in Providence RI at Women and Infants Uro Gyn – They t ake out a lot of mesh. She also goes to Africa once a year for onemonth and repairs the women who suffer from urine leaking through the vagina and are shunned by their fAMILIES. (This topic has beenon Tv and Ophrah ) Dr Hampton was recommended by an MD and his wife. She is also a professot at Brown Medical College.

        Dr Raz sent Dr Hampton theultrasound directions and she used that to dtermine if I had any more mesh in me.
        I still worry about those two tabs.
        Also I did not use him – but Dr Scott Serels in Connecticut. A fellow meshie sent me this name when I was searching for an MD/. Trained by Dr Raz.

        Lastly (I was an English teacher) a former student of mine worked with Dr Raz for 2 years in LA. He is practicing in Tucson Arizona and his name is Dr Christopher Twiss. Through FB a patient of his contacted me and we were amazed to find out not only had we had mesh in common, but the Md who operated on her. I can tell you Chris was an excellent student and I understand from his patient, he is meticulous in removing mesh- takes out the mesh and carefully places it on a side table and makes sure all thepieces are there. He is also incontact with Dr Raz.

        Hope this helps people on East Coast and in Arizona.

        • maestra says:

          My removal was a fullmesh removal- mentor aris tvt-o.

          Again I worry about the tabs. has anyone had problems withthose after mesh removal – tabs still in you? I wonder should I have sued?

  13. Sandy says:

    Please tell me this in not all true. I am not settling for 40,000.00! More like 4 times that! I have to have more surgery, my 3 rd I will not settle for what these women are being offered ever

  14. Sandy says:

    I just have to add I am about to lose my job and not be able to work. I see my doctor tomorrow. I have another surgery, trying to put electrodes in my body to help with the pain, that will be there for the rest of my life. My life has been changed and destroyed for ever. Again I say how much is that worth? I am not greedy but I need help living the rest of my life. I need 150,000.00 clear just to begin to imagine being able to make it. They made me disabled, they destroyed the life I had, how much is that worth? A lot more than 40,000.00!!

  15. pam says:

    What happens when the attorneys keep bringing in new attorneys every time you turn around, this also is not right to the women do all of the attorneys you talk with get 40%. The women have no control over this at all, that is what they are doing to take everything from women , and what they have suffered and will suffer for life . What honest and honorable judge would allow this to happen in their court room? iF the judge is truly and honorable judge , he would stop attorneys from doing this to get rich off the women suffering and for the rest of their life. billions they got, billions the doctors and nurses that lied got, and attorneys get rich, and the politicians of every state put into law for this to happen to the common people, more cover up and lies, as the state leaders support these companies too, and the companies give to the politicians and those in campaigns in america for favors, and even lie in reports. It takes living through hell that those in authority do , to tell the truth about how they are linked .God help us.
    A shame how some people grow up to be and do evil , and lie about what they do with smiles. to your face.(some of them, some are just cruel and say you have to take what we dish out to you! because they have those in positions to lie for them.

    • Jane Akre says:

      Pam- Just a reminder, in many cases attorneys work long and hard hours and travel extensively to put these cases together. They have to pay experts $500 an hour to get understandable research and can easily spend $200-$300,000 to work up a case… just saying, it is not just profit on their part, they need to re-coup their costs. Having said that, I wonder how many firms make more than the collective women they are representing? It’s absolutely a crap shoot on their part… if they lose the case they lose all of that money invested.. so it’s not a perfect system but it saves you from shelling out $200,000 to $300,000 which few could afford. Thank you~ ja

  16. pam says:

    Thank you jane, understood now, I know their expenses are high too, just like what you are doing. I see that you have gave information to women more than attorneys. . Without you, I do not know what we would have done. Even through the storms of anger of people in pain and damaged , , so hard to not to be angry, even harder to muzzle an animal in pain, We are humans that can speak,.
    I listened to an ad on tv talking about angels in care for people, I guess God knows what he is doing , he sent people with mesh, Jane Akre, Don’t laugh, jane, I HOPE YOU DON’T MIND BEING CALLED THE ANGEL GOD SENT TO US.
    You have heard from so many, How are you holding up, it has got to be so hard, traveling etc. I think about that too!

Leave a Comment

We hope you find this a helpful resource. National News Editor, Jane Akre, began MDND with the hope of providing the latest news, information and perspective from the regulatory, industry and patient point of view, something that goes under-reported in much of the coverage of medical devices. The public is just now becoming aware that many devices do not undergo the same scrutiny as prescription drugs and are instead grandfathered in under an FDA loophole that has gone largely unchanged since the 1970s. As a result, patients become the post-market clinical trial subjects, and many suffer devastating and permanent injuries.