More than 100 women who suffered traumatic complications after having vaginal mesh implants have received payouts in the first successful class action claim in England.
The Guardian has learned that 140 women have reached undisclosed settlements with manufacturers Johnson & Johnson, Bard and Boston Scientific. The total amount is expected to run into millions of pounds, although the size of the total and individual payments has not been disclosed.
The women alleged that the implants, which are used to treat stress incontinence and prolapse, caused complications including chronic pain, perforation of the bladder and bowel, bleeding and erosion of the mesh through the vaginal wall. Many of the women underwent subsequent revision surgeries to remove the mesh, and some continue to struggle with pain and other problems.
Lisa Lunt, a partner at Pogust Goodhead, which filed the lawsuit on behalf of the women, said: “Women who have had transvaginal mesh implants have experienced years of chronic pain and suffering. Hundreds of women have been unable to file a claim because of the strict 10-year time limits that apply from the date the device was manufactured. It is high time the government took action to extend the time limits.”
Until 2018, the implants were widely used in the UK to treat stress incontinence and prolapse, often after childbirth. However, as concerns grew over the extent of complications, their routine use was initially halted and eventually suspended after a government-ordered inquiry blamed the scandal on a culture of medical misogyny.
Manufacturers of vaginal meshes have previously reached much larger settlements in the US, Australia and ScotlandSo far, attempts to bring a class action in England have stalled, although there have been successful claims for medical negligence against the NHS.
Kath Sansom, who has led the Sling the Mesh campaign since 2015 after experiencing complications from vaginal mesh, said: “I am delighted that the industry giants have paid out money to women who have suffered harm in what is believed to be the first successful product liability group action in England.”
However, she added: “It’s very difficult to know how positive this news is without knowing how many women have received it. Furthermore, 140 women is just a fraction of the thousands who have had their lives irreversibly changed by a product they were assured was a gold standard for bladder leakage or prolapse.”
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Campaigners hope the success could open the door for more women to receive financial compensation. The latest settlement also prompted calls for a government-led compensation scheme to be created, as recommended by both the Cumberlege Review and a more recent one Patient Safety Commissioner’s Reportwhich proposed paying out an initial sum of £20,000 to women injured by mesh implants.
“This makes government financial compensation so important, because it will not be an enemy and will ensure that everyone who has suffered harm has the opportunity for financial support,” she said.
The three companies, Johnson & Johnson, Bard and Boston Scientific, each confirmed that the lawsuit over the pelvic net claims had been settled, without admitting liability.