AMS Transvaginal Mesh Settlements—Too Little, Too Late?

May 2, 2016, 3:30PM. By Jane Mundy

Minnetonka, MNMore than 135,000 transvaginal mesh lawsuits have been filed worldwide, and about 46,000 of those claims were filed against American Medical Systems (AMS) regarding its Endo transvaginal mesh. While some AMS plaintiffs may have been relieved with the news that Endo reached a settlement (and it was the first of the TVM manufacturers to do so), they aren’t satisfied with the outcome.

Many transvaginal mesh complainants were told they had a million-dollar case against the manufacturer, and one woman recently settled with AMS for about $700,000, but it seems like the majority of sufferers may wind up with a fraction of that amount.

“Whatever the fine print says in the agreement, that will prevail,” says Jane Akre at MeshNewsDesk. The contract you signed with your law firm contains details that are easy to overlook, especially when you are distraught and in pain. But read the fine print, particularly with mesh claims centers before signing anything. Some settlement firms ask that you sign special master agreements that include these questions: Did you file for bankruptcy? Do you get disability? Did you take out a loan? Do you owe a hospital or doctor?

“One woman I know had a bankruptcy going back 12 years and she had to pay it back,” says Akre. “She didn’t know that all creditors had to be satisfied until after she signed the agreement. She had a $30,000 settlement, 40 percent of which plus expenses went to her law firm, $10,000 to her creditors and she was left with $5,000.”

Unfortunately, many women are walking away with much less than anticipated.

Diane (not her real name) wrote to Mesh Medical Device News Desk:

I recently had [transvaginal mesh] removal and they classified me as level 4 (highest damages) and offered me $115,000 before liens and attorney fees. They figure 25 percent of it will go to liens and my attorney gets 1/3 so I will only get around $46,000. That is ridiculous and humiliating that they offered so little. Should I fight on?

Endo International (it bought AMS for $2.9 billion in 2011) in October 2104 had set aside $1.4 billion in a mesh product liability fund. Endo reported in its fourth quarter last fall that it had paid $150 million in AMS transvaginal mesh settlements. As of April 2015, the company said it had “compromised and settled all claims” in about 360 cases in 12 joint motions to dismiss, according to FierceMedicalDevices. Endo said it will be settling more than 100,000 more suits through 2017 for an average of $48,000 per claim.

Next up, LawyersandSettlments will discuss with a transvaginal mesh attorney proposed settlements - whether or not you can or should “fight on.”