AMS Transvaginal Mesh Lawsuit Pre Settlement Loans
Pre Settlement Funding on Recalled AMS Vaginal Mesh Litigation
AMS Transvaginal Mesh Lawsuit Funding
American Medical Systems is one of the seven transvaginal mesh manufacturers facing multidistrict litgation in the United States District Court for the Southern District of West Virginia overseen by Chief Judge Joseph Goodwin. The device manufacturers with the most cases are American Medical Systems and Ethicon. Other manufacturers with pending cases include: Boston Scientific, C.R. Bard, Coloplast, Cook Medical and Neomedic.
Many patients who have received transvaginal mesh devices have complained of many complications like chronic pain, organ perforation, and mesh erosion, among other problems associated with the device.
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What started as a new age treatment for stress urinary incontinence and pelvic organ prolapse ultimately led to billions of dollars in legal fees, settlements, and payouts to patients and/or plaintiffs for mesh manufacturers. Lawsuits, litigation and FDA resolutions were a result of thousands of complaints from women who received this kind of implant device, commonly used in women.
American Medical Systems was one of the leading manufacturers for transvaginal mesh products, but was also one of the few manufacturers who opted to pull out the products from being further sold in the market. Today, American Medical Systems has been using a reserve fund worth billions to settle and fund payouts to plaintiffs included in the lawsuits and litigation.
These products were the reason for over 25,000 federal and state lawsuits. In fact, it was in June 2013 when American Medical Systems settled a group of lawsuits with a total payout of $54.5 million without admitting liability or fault. It was also not disclosed as to how many cases were settled with this amount.
A year later, the same company agreed to settle 20,000 of these growing lawsuits by paying $830 million in May 2014. There are still approximately 5,000 federal cases that are in the United States District Court for the Southern District of West Virginia under Chief Judge Joseph Goodwin, undergoing a multidistrict litigation – In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325.
Multidistrict litigations regarding transvaginal mesh have reached over 60,000. The seven multidistrict litigations regarding transvaginal mesh products and their manufacturers that are being overseen by Chief Judge Goodwin are:
In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325);
In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326);
In re: Coloplast Corp., Pelvic Support System Products Liability Litigation (MDL No. 2387);
In re: Cook Medical, Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2440);
In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2187);
In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327);
In re: Neomedic Pelvic Repair System Products Liability Litigation (MDL No. 2511).
Among the seventeen claims against American Medical Systems, negligence, strict liability for design defects, strict liability for manufacturing defects, strict liability for failure to warn, strict liability for defective products, breach of express warranty, breach of implied warranty, fraudulent concealment, negligent misrepresentation, and punitive damages are included.
Background on American Medical Systems
American Medical Systems was acquired by Endo Pharmaceuticals in June 2011, after the former first started manufacturing vaginal mesh devices intended to treat stress urinary incontinence and pelvic organ prolapse in the 2000s.
Products manufactured by American Medical Systems include medical devices for pelvic health and continence-related devices. The transvaginal mesh implants created by the company are used primarily to treat stress urinary incontinence and pelvic organ prolapse.
American Medical Systems Mesh Products
Being one of the most recognized manufacturers of transvaginal mesh products, American Medical Systems have created multiple product and brand lines for its products in this category for prolapse repair and bladder slings, such as:
Elevate with InteXen LP
MiniArc Precise Sling
MiniArc Single-Incision Sling
Monarc Subfascial Hammock
In-Fast Ultra Transvaginal Sling
BioArc SP Sling
BioArc Trans Obturator Subfascial Hammock
InVance Male Sling
American Medical Systems also create vaginal mesh products such as Apogee, Perigee, Elevate, IntePro Y-graft – all for prolapse repair. Incontinence repair vaginal mesh products of the company include RetroArc Retropubic Sling, MiniArc Precise Sling, MiniArc, Monarc Subfascial Hammock, In-Fast Ultra Transvaginal Sling, BioArc SP Sling, BioArc Transobturator Subfascial Hammock, and the SPARC Sling.
FDA Recalls, Warnings and Reports
The United States FDA received numerous adverse reports regarding the transvaginal mesh devices of American Medical Systems. Apogee Vault Suspension System, Elevate Prolapse Repair System, Monarc Sling System, Perigee System, and SPARC Sling System have been reported as problematic products made by American Medical Systems.
After an FDA advisory panel advised in July 2011 that transvaginal mesh devices be reclassified from moderate risk to high risk (Class III) of harming patients upon failure. American Medical Systems was one of the many manufacturers urged by the administration to conduct more studies in order to determine if the products are safe and effective. This move also requires that new transvaginal mesh products be subject to pre-market clinical testing.
It was in January 2012 when orders were issued to American Medical Systems, among other transvaginal mesh manufacturers, to study their respective products’ risks in women who were implanted with the mesh devices for stress urinary incontinence.
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