Pelvic and hernia mesh lawsuit updates, news and settlements
Ethicon, a division of Johnson and Johnson, was aware of potential complications related to a pelvic mesh product before its launch in 2005
A series of internal emails suggest that the company was aware of potential problems. Some changes were suggested but rejected due to “commercial limitations”.
In the years that followed, doctors reported problems with patients who were implanted with one of the mesh devices.
For example, one email from a doctor read that “this patient will have a permanently destroyed vagina, and I am only hoping to get her out of this without more morbidity”.
Ethicon said that it weighs the risks and benefits in determining whether to keep a product on the market.
However, a doctor working for the company suggested a warning in a 2005 email:
“WARNING: Early clinical experience has shown that the use of mesh though a vaginal approach can occasionally/uncommonly lead to complications such as vaginal erosion and retraction, which can result in an anatomical distortion of the vaginal cavity that can interfere with sexual intercourse. Clinical data suggest the risk of such a complication is increased in case of associated hysterectomy. This must be taken in consideration when the procedure is planned in a sexually active woman.”
This proposed warning were rejected as not ‘absolutely necessary’.
c-Qur hernia mesh is causing many post surgery problems
If you are suffering complications from a hernia mesh surgery, you may be overwhelmed with information. Not only are you dealing with the pain but probably also trying to find a medical solution to it. You may also be thinking about hiring a lawyer.
If you do decide to sue, you will be involved in what is called a ‘mass tort’. Mass torts are product liability lawsuits against drug companies and device makers over dangerous drugs and devices. Frequently, there are thousands of plaintiffs, and their cases are ordinarily consolidated into a single court.
You may not know who made your hernia mesh, but here are some of the common brands that we believe are concerning. It is important to know that not all brands or makes of hernia mesh are problematic. There are an estimated one million hernia operations conducted each year, and statistically, they occur in a little under 2 percent of all men. Not all of these patients have problems of course.
Ethicon mesh lawsuit update
Ethicon, a subsidiary of Johnson & Johnson known for manufacturing, among other products, several models of a controversial surgical product called pelvic mesh, went all the way to the U.S. Supreme Court in a bid to have overturned a $3.27 million decision against it in a case about that very device. The Supreme Court denied that attempt with a single line of text.
SCOTUS declined to review the ruling that had been handed down by the Fourth Circuit Court, providing the last word in a years-long discussion and allowing plaintiff Jo Huskey, who first filed her claim in 2012, to keep the settlement without any further challenge.
Ethicon had argued that an appellate court had erred in prohibiting certain product review evidence, but SCOTUS denied this argument.
Pelvic mesh – also known as transvaginal mesh, or TVM – is a polypropylene device that is used often in the treatment of post-childbirth stress urinary incontinence. The devices have come under fire in numerous lawsuits for their purported tendency to deteriorate, fray, and otherwise harm internal tissues and organs.
Huskey, who filed her suit in West Virginia, is one of thousands of women suing Johnson & Johnson over their mesh products. Hers was the first bellwether case to go to trial in a massive Multi-District Litigation (MDL) case against Ethicon.
Huskey alleges that the plastic of her TVT-O sling was dangerously defective, because it eroded, causing her severe, ongoing pain. The device could not be entirely removed in revision surgery.
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Articles Related To: hernia Mesh
Mesh Trial Results
Bladder Sling Lawsuit
Date: September 2014
Ruling: Boston Scientific: GUILTY
Amount: $73.5 million
Date: November 2014
Ruling: Boston Scientific: GUILTY
Amount: $26.7 million
Vaginal Mesh Trial
Date: May 2017
Ruling: Johnson & Johnson: GUILTY
Amount: $20 million
Vaginal Mesh Trial
Date: December 2017
Ruling: Johnson & Johnson: GUILTY
Amount: $15 million
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18.5 Million people suffered from hernia injury in 2015
Canadian Women Join Mesh Lawsuit but Doctors Stress The Importance of Mesh Devices
In spite of the fact that thousands of Canadian women have filed lawsuits or joined existing lawsuits over the alleged health risks of vaginal mesh devices, a number of doctors and surgeons have stated that the polypropylene plastic devices play an important role in modern surgical medicine, and that, though many of the devices have indeed malfunctioned, vaginal mesh implants have an important role to play in the health of Canadian women.
Summit Urged By Former Secretary Of Scotland On "Worldwide Catastrophe" Related To Mesh Device Injuries
International summit urged by former secretary of scotland on "worldwide catastrophe” of the serious injuries caused by pelvic mesh device
Alex Neil, a former Health Secretary of Scotland, called for an international summit to address what he called the “worldwide catastrophe” of the serious injuries caused by pelvic mesh devices.
When Neil held his position with the Scottish government, Scotland became the first country in the world to suspend use of the devices, which, as mounting medical evidence has shown, have been linked to a wide variety of serious health, quality-of-life, and psychological problems.
Pelvic mesh devices – also known as vaginal mesh devices, or transvaginal mesh (TVM) devices – are made of a versatile, lightweight plastic called polypropylene, which has been shown again and again to damage internal organs and tissues in a variety of ways.
Neil urged his successor, Shona Robison, to coordinate a summit about the devices. Robison has been criticized for accepting the safety findings of a panel that studied the devices. That panel consisted largely of representatives from the devices’ chief manufacturers.
Neil’s proposal has support across Scottish government officials of all political parties.
Nearly 450 women who allege they have been harmed by vaginal mesh devices have joined together to file the largest legal action in Scottish history: a lawsuit that amounts to more than $94 billion.
If you or a loved one has been injured or harmed in any way by a pelvic mesh patch, you may be entitled to significant financial compensation. Contact the expert attorneys at TheLawFirm.com right away so we can help you file your lawsuit.
Australian Doctors Admit Errors in Implanting Vaginal Mesh Devices
Jenny King, the director of the Urogynaecological Society of Australasia, stated recently that many surgeons have been incautious in their decisions to implant vaginal mesh devices in their patients, remarking that the controversial devices had been implanted too often and with too little regard for their potential health consequences.
King said that many surgeons believed vaginal mesh devices – also known as pelvic mesh devices and/or transvaginal mesh devices (TVMs) – were “magic.” King argued that doctors should be – and should have been – more careful in the use of TVMs, especially in young and healthy women.
Still, King said, the devices should not be banned outright, as they can often be a successful treatment for stress urinary incontinence and pelvic organ prolapse, two common post-childbirth complications.
Around the world, pelvic mesh devices have been linked to severe pain, infection, and sexual dysfunction. The makers of vaginal mesh devices have been taken to court in numerous countries, and are being investigated in others. Trials have taken place and are ongoing in the US, and formal medical/legal inquiries are underway in several nations of the United Kingdom and Australia.
Johnson & Johnson, one of the largest manufacturers of pelvic mesh devices, recently pulled two of its TVM devices from the Australian market, but insisted that that action had to do not with safety concerns but with diminished profit margins.
The inquiry by the Australian Department of Health is currently underway.
Too little Action Vaginal mesh cases
Dr. Wael Agur, a medical expert who has advised the governments of the United Kingdom and Scotland on various medical matters, has stated that the nation of Wales has not taken the actions required to protect its citizens from the dangers posed by vaginal mesh devices.
Government health agencies in Scotland and England no longer recommend that women receive vaginal mesh devices (also known as pelvic mesh devices) because the devices have been implicated in a wide range of serious health problems. The national health agency of Wales, however, still permits the use of vaginal mesh devices.
Dr. Agur stated that he found the Welsh government’s attitude toward vaginal mesh devices, or Transvaginal Mesh (TVM), surprising, since, he said, it was Welsh gynecologists and urogynecologists who conducted one of the most thorough studies into the health effects of vaginal mesh products.
TVM devices are chiefly used as a surgical solution for women who suffer from incontinence, and/or to treat the prolapse of such organs as the vagina, uterus, and bladder, which may become stressed and distended from childbirth. Vaginal mesh acts as a sling to hold organs and tissue in place.
Most vagina mesh devices are made of a lightweight plastic called polypropylene, which has been shown in numerous studies to fray, shred, and “melt into” tissue, thereby causing severe pain, reproductive complications, and sexual dysfunction. Around the world, numerous vaginal mesh devices have been the subject of lawsuits and recalls.
Dr. Frank Atherton, Wales’s chief medical officer, has not issued any specific guidelines or recommendations concerning the devices, but has suggested that his agency will take “a different route” than Scotland and England to provide for the health of its citizens. Dr. Wales suggested that mesh devices may be used safely, but women throughout the United Kingdom have voiced their disagreement.
Out Of State Plaintiffs Want Mesh Cases Heard
A group of plaintiffs who are considering legal action against Johnson & Johnson over the company’s allegedly injurious pelvic mesh products have stated that, though they do not reside in Pennsylvania, they have cases that are sufficiently connected to the business of that state that the trials should be heard in the Philadelphia County Court of Common Pleas.
The statement was released in light of two recent court decisions concerning the jurisdiction that state courts possess in cases concerning out-of-state plaintiffs.
In June, the Supreme Court of the United States issued an 8-1 decision – now known as the Bristol-Myers Squibb decision – that effectively prohibits state courts from hearing any cases filed by residents of other states. In August, in light of the SCOTUS ruling, a Philadelphia judge said that he would rethink whether any non-Pennsylvania pelvic mesh cases that had been filed as part of that state’s mass tort program could remain in a Philadelphia court.
The maker of the pelvic mesh devices in question is Ethicon, a Johnson & Johnson subsidiary that has its base of operations in New Jersey, a state that is just across the Delaware River from Philadelphia. Ethicon says that its New Jersey location means that Pennsylvania courts have no jurisdiction over trials involving its products. Ethicon wishes to have nearly 100 cases dismissed from the trial docket.
Plaintiffs have countered that the allegedly defective mesh products were designed, tested, and manufactured in Pennsylvania, a sufficient reason for the trial to be held in that state.
A jury in the Philadelphia County Court of Common Pleas recently handed down a landmark decision against Ethicon and Johnson & Johnson in highly publicized trial. The jury ordered the company to pay $57.1 million in damages to a plaintiff who claimed that Ethicon pelvic mesh products had caused major damage to her health and quality of life.
Pelvic mesh devices have been implicated in numerous serious health problems, including loss of urinary function, internal organ damage, sexual dysfunction, and various types of infection.
Sixth Pelvic Mesh Trial Concludes in Philadelphia
Deliberations have begun for the jury in a Philadelphia trial over Johnson & Johnson’s potential liability in a lawsuit involving a woman who alleges that one of the company’s pelvic mesh devices caused her incontinence and urethral damage.
Attorneys for plaintiff Ella Ebaugh encouraged the jury to hit J&J with substantial punitive damages on top of any damages they may award for personal and medical damages. Ebaugh laid the blame for her client’s injuries squarely on Johnson & Johnson subsidiary Ethicon.
The jury has heard both sides’ testimony for the past month.
Johnson & Johnson has lost four of the other five pelvic mesh lawsuits that have taken place in Philadelphia. In those four trials, juries have ordered the company to pay nearly $50 million in damages.
Ebaugh alleges that her injuries were caused by the Ethicon TVT-Secur pelvic mesh device, which surgeons implanted in 2007 to treat her stress urinary incontinence. That product is no longer on the market. Ebaugh received a second mesh implant – an Ethicon TVT implant – the following year, when her symptoms had not improved.
In 2011, Ebaugh’s doctors found that the mesh had eroded into her urethra, and was therefore likely the cause of the serious pelvic pain she was experiencing. Over five years, doctors required three additional surgeries to remove the mesh.
Ebaugh has suffered from continued incontinence, intrinsic sphincter deficiency, cystitis, depression, and sexual dysfunction.
Ethicon is accused of negligence in conducting clinical studies of their mesh devices, and of unlawful gains at Ebaugh’s expense.
Half of Women with Pelvic Mesh Will Require Further Surgery, Study Finds
According to a study conducted by the major Australian health insurer nib, nearly half of the women who have undergone pelvic mesh surgery are later readmitted to the hospital for complications relating to the implanted device.
The survey studied the cases of 138 women who had been implanted with pelvic mesh devices – also known as transvaginal mesh devices, or TVMs – between 2011 and March of 2017, and found that 60 of them required additional hospitalization.
The women who were readmitted to the hospital suffered from a variety of ailments related to the implantation of their pelvic mesh devices: mechanical failure, organ damage, and infection, among other conditions.
nib’s statistics differ from those reported by the Therapeutic Goods Administration, the agency that regulates medical devices in Australia. That agency found that only 99 women with pelvic mesh devices suffered from complications between 2012 and 2016.
nib conducted the survey to understand where its health insurance expenses were going, and learned that many of their expenditures could have been curtailed if unsafe pelvic mesh devices had been either more clearly labeled or pulled from the market. Representatives of the company also advocated for better communication between device makers, doctors, and patients.
The makers of pelvic mesh devices are embroiled in a number of lawsuits in various countries around the world.
British Health Agency Urges Better Communication about Pelvic Mesh Devices
A report by the National Health Service, the nationwide health agency in the United Kingdom, has issued a report that strongly suggests that doctors and patients improve their communication concerning pelvic mesh devices, also known as transvaginal mesh devices, or TVMs.
The Mesh Oversight Group also urged better record-keeping concerning matters involving complications from the surgically implanted devices, which are commonly used to treat urinary incontinence and pelvic organ prolapse.
Numerous women in the UK have come forward to speak openly about the severe pains they’ve experienced as a result of the implantation of the devices. Pelvic mesh devices are made from a plastic called polypropylene, which has a tendency to shred, unravel, and melt into internal tissues and organs.
The devices are the subject of numerous lawsuits in the U.S.
If you’ve been surgically implanted with a pelvic mesh or transvaginal mesh (TVM) device, and have experienced pain or discomfort, talk to your doctor immediately. Then, talk to the expert attorneys at TheLawFirm.com. We can help you with your case.
Johnson & Johnson’s Victory in Pelvic Mesh Case Reversed
Just over a month after a jury found that a Johnson & Johnson pelvic mesh was not responsible for the damages she claimed, Kimberly Adkins’s post-trial motion for a damages hearing has been granted by a Philadelphia judge.
The judge issued a statement opining that the jury in Adkins’s initial trial had been inconsistent on the issue of whether a design defect in the pelvic mesh had caused her injuries. Thus, the judge ruled, a damages hearing was appropriate.
The case had been the only one of five to rule in favor of Johnson & Johnson, whose Ethicon subsidiary manufactures a variety of pelvic mesh devices, also known as transvaginal mesh devices (TVMs).
Adkins’s initial loss had broken a string of plaintiffs’ victories in pelvic mesh cases against Johnson & Johnson. In one trial, the plaintiff won $20 million; in another, $2.1 million; in a third, $12.5 million; in the fourth, $13.5 million.
Adkins contended that Johnson & Johnson’s expert medical witness had been inconsistent about whether her injuries had been caused by her surgically implanted mesh device.
Three Pelvic Mesh Cases against Boston Scientific Withdrawn in Philadelphia
In the wake of a recent U.S Supreme Court ruling concerning the right of state courts to exercise jurisdiction over non-residents, three Philadelphia lawsuits pending against Boston Scientific over its allegedly injurious pelvic mesh devices have been withdrawn.
All three cases had been filed by residents of Delaware, and were withdrawn after the Supreme Court’s June ruling.
The three cases, and numerous others, are part of a mass tort program against Boston Scientific that was established by the Philadelphia County Court of Common Pleas in 2014 in the face of a large number of claims about the potential harm caused by the company’s pelvic mesh devices, also known as transvaginal mesh devices.
The withdrawals come after Boston Scientific attorneys filed a motion for dismissal on the grounds of the recent SCOTUS case, now generally known as the Bristol-Myers Squibb case. Ethicon, a subsidiary of Johnson & Johnson that also manufactures pelvic mesh devices, has filed a similar claim on similar grounds.
Attorneys for the plaintiffs have said they will re-file the suits in Delaware.
If you’ve had surgery to implant a pelvic mesh device, and have been plagued by medical and health complications, you may be entitled to be part of a lawsuit. You need the expert legal assistance of TheLawFirm.com.
Plaintiffs Allege J & J Covered Up Damaging Clinical Reports
In the ongoing class action case in Sydney, Australia, against medical device manufacturer Johnson & Johnson, the court has recently heard allegations that the corporation tried to prevent French health authorities from publishing a report about the risks of pelvic mesh devices manufactured by J & J.
At issue in the case is whether the pelvic mesh devices – also known as transvaginal mesh devices – are responsible for the plaintiffs’ chronic and debilitating pain. Some plaintiffs have alleged that the devices, which are often surgically implanted to treat common complications from childbirth, have ruined their sex lives and destroyed their livelihoods.
The plaintiffs’ attorney presented in court the notions that the women in Australia were treated by Johnson & Johnson as “guinea pigs,” and that the devices had not been properly tested before they were released onto the Australian market in 2005.
A central point in the attorney’s presentation was that Johnson & Johnson subsidiary Ethicon, under which imprint the majority of the company’s pelvic mesh devices are made, took steps to quash the publication of a report by Haute Autorité de Santé, the French national health authority, that opined that the devices required further clinical testing in order to be released safely on the market. By the time J & J got wind of the report, the plaintiffs allege, the products had been on the Australian market for two years, and the company acted to suppress its publication.
Further, the plaintiffs allege, Johnson & Johnson ramped up its already-aggressive campaigns to market their transvaginal mesh devices to doctors and surgeons. These reports stressed the products’ safety and efficacy. In the words of the plaintiffs’ attorney, the company’s attitude was “sell first, test later.”
Class action and Multi-District Litigation (MDL) cases are pending against Ethicon and Johnson & Johnson in numerous American states as well as in several other countries, including the United Kingdom and Australia.
Canadian Transvaginal Mesh Class Action Suit against Boston Scientific Receives Official Certification
A Canadian court has granted official certification to a class action suit against Boston Scientific, the makers of several transvaginal mesh (TVM) devices. The plaintiffs in the case are women who have had TVMs surgically implanted, and who blame the devices for serious personal injuries and reduction in their quality of life.
Any Canadian citizen who received a Boston Scientific transvaginal mesh device – also known as a pelvic mesh device – for the treatment of Stress Urinary Incontinence (SUI) or Pelvic Organ Prolapse (POP) is eligible to join the class action suit. SUI and POP are common side effects of pregnancy and labor, and are often treated with pelvic mesh devices, the efficacy and safety of which have been questioned in numerous legal trials and clinical studies in several countries.
This specific case involves only TVMs manufactured by Boston Scientific, and does not include, per Canadian law, devices made by other manufacturers of the devices, such as AMS, Cook Medical Inc., Covidien, Johnson & Johnson, or the Johnson & Johnson subsidiary Ethicon.
If you live in Canada, and have been surgically implanted with a Boston Scientific TVM device, you are entitled to be part of this ongoing case. To find out how, contact TheLawFirm.com. We are licensed to practice in the U.S. and in Canada, and the consultation is always free.
Pennsylvania Judge Urged to Relocate Pelvic Mesh Cases
Boston Scientific Corp. and Johnson & Johnson subsidiary Ethicon have urged a state judge in Philadelphia to dismiss several of the cases pending against the companies over allegedly faulty pelvic mesh implant devices. The defendants cited a recent ruling by U.S. Supreme Court as justification for their motion.
In a case against Bristol Myers-Squibb concerning the health hazards associated with the blood-thinning drug Plavix, the Supreme Court ruled in June that California state courts did not have the jurisdiction to issue verdicts in the cases of the members of the Multi-District Litigation (MDL) suit who do not reside in California.
Ethicon and Boston Scientific cited that recent decision as the grounds for their request that the judge in the Philadelphia case dismiss any claims brought by residents of states other than Pennsylvania.
The judge’s decision is pending.
If you believe you’ve received dangerous prescription medications, contact your doctor. Then, contact TheLawFirm.com. We can help you obtain the financial compensation to which you may be entitled.
800 British Women Mount Legal Action against Hernia Mesh
The pain and suffering caused by hernia mesh devices are not strictly American phenomena. An 800-strong group of British women are taking legal action against the United Kingdom’s National Health Service (NHS) over the agency’s use of vaginal and hernia mesh devices.
In a news article from the BBC, Leila Hackett, who had umbilical hernia mesh surgery in 2013, described the pain caused by the device as “like somebody scratching you from inside your body. … It started off like fiery, burning agony, but it never stopped hurting or itching.”
Though her doctors told her that the hernia mesh was not the source of her pain, later surgery found that the mesh had attached itself to Hackett’s organs and had caused a twisting of her bowels. Her surgeon required four hours to remove the mesh from her body.
The NHS stands by its numerous recommendations that patients undergo the implantation of hernia mesh devices, stating that the technique has been successful for decades.
The attorneys at TheLawFirm.com do not agree with the National Health Service. We believe that hernia mesh devices are dangerous and that they can cause severe pain. If you have experienced pain as a result of a hernia mesh device, contact us to find out how we can help you. Contact us for a free consultation. We can help you.
Lawsuit Verdicts and Settlements
$15 Million verdict Against Johnson & Johnson Ethicon Pelvic Mesh
December 15, 2017
Once again, Johnson & Johnson has been hit with a large award over a defective medical device. A New Jersey state jury has awarded $15 million in damages against Johnson & Johnson unit Ethicon over claims the company lied about the safety of a pelvic mesh product that caused a woman debilitating pain. The verdict included $10 million in punitive damages.
After nearly three weeks of testimony, the jury found for the Plaintiff, and her husband, finding that her injuries were caused by the defective design of the company's product. They also found that Ethicon had given inadequate warnings for the mesh. The Plaintiffs were among the thousands of women nationwide who filed lawsuits against Ethicon and J&J for injuries and damages caused by the Gynecare Prolift pelvic floor support mesh product, which was on the market from 2005 through 2012.
This is the second pelvic mesh suit against Ethicon to go to trial in New Jersey, the headquarters State for Ethicon. After the first pelvic mesh trial, the New Jersey Supreme Court declined to review a jury’s $11.1 million award to the plaintiff.
The plaintiff said she had the mesh implanted in 2008 to treat a pelvic prolapse, but that the mesh had a design defect and Ethicon knew it was dangerous but kept this information from patients. The mesh caused vaginal pain and pain when having sex.
Ethicon’s defense was that the surgeon had excessively tightened the mesh. However, the jury didn’t buy it and awarded a substantial verdict.
$20 million verdict against Johnson & Johnson for injuries suffered from Vaginal Mesh Device
May 1, 2017
The mesh attorneys at TheLawFirm.com were pleased to see that a Philadelphia jury returned a $20 million verdict against Johnson & Johnson for injuries suffered by a New Jersey woman after receiving a vaginal mesh device.
Woman Awarded $2.1 Million in Lawsuit Against Ethicon Transvaginal Mesh
May 31, 2017
On May 26, a Pennsylvania jury has awarded $2.1 million to a woman who suffered severe health consequences when the transvaginal mesh (TVM) manufactured by Ethicon, Inc., deteriorated inside her body. The mesh is made from a plastic called polypropylene.
Ethicon is a division of healthcare giant Johnson & Johnson. This case marks the fourth consecutive defeat in Pennsylvania for Johnson & Johnson’s Ethicon TVM products.
In the most recent trial, Ethicon’s Gynecare Prolift mesh was implanted into the plaintiff’s body in 2006 as a treatment for urinary incontinence and pelvic organ prolapse. Her case rested on her claims that the mesh caused several permanent health and wellness complications, including constant pelvic pain, incontinence, and urinary tract infections, as well as severe pain during sexual intercourse. The jury reached its verdict in nine hours.
Only one week earlier, another Pennsylvania jury ordered Johnson & Johnson and Ethicon to pay $20 million in punitive and compensatory damages to a woman who had had Ethicon’s Gynecare TVT-Secur mesh implanted. Two juries in Philadelphia have awarded $12.5 million and $13.5 million to other transvaginal mesh plaintiffs.
Over the last nine years, Johnson & Johnson has had to defend itself in a growing number of lawsuits involving its TVM products. In 2008, the U.S. Food & Drug Administration (FDA) warned that the devices had been linked to at least 1000 reports of serious injuries over a three-year period. The FDA updated its warning in 2011, when the number of reported transvaginal mesh complications tripled in number.
Ethicon announced in 2012 that it would no longer sell four of its pelvic mesh devices, including the Gynecare TVT Secur, the Gynecare Prosima, the Gynecare Prolift, and the Gynecare Prolift+M. Despite such moves, the company insisted that its products were safe. The FDA disagreed, however, ordering Ethicon and 20 other TVM manufacturers to conduct more extensive research into the risks associated with their devices.
HAVE YOU SUFFERED COMPLICATIONS AFTER TRANSVAGINAL MESH IMPLANT SURGERY? Speak with one of our TVM lawsuit attorneys today. You may be entitled to serious financial compensation. The consultation is FREE. Our mesh implant legal experts will help you any way they can.