Vaginal Mesh Claims

What is vaginal mesh?

Vaginal mesh, also known as transvaginal mesh, is a medical device designed to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women. Made from synthetic materials like polypropylene, these mesh implants are inserted through the vagina to provide support to the affected organs.

The goal of vaginal mesh implants is to offer a permanent solution for women suffering from SUI and POP. However, despite their intended benefits, these implants have been linked to numerous health complications, including chronic pain, vaginal scarring, and mesh erosion. These issues have led many women to seek legal recourse through vaginal mesh claims.

History of vaginal mesh use

The use of vaginal mesh dates back to the 1990s, when it was first introduced as a treatment for stress urinary incontinence and pelvic organ prolapse. Initially, this type of mesh was used to treat abdominal hernias, but its application was later expanded to include transvaginal mesh procedures.

Over the years, various types of vaginal mesh have been developed, such as TVT (tension-free vaginal tape) and TVTO (tension-free vaginal obturator) mesh. Despite its widespread use, the safety and efficacy of vaginal mesh have been increasingly questioned, leading to numerous medical negligence claims and lawsuits.

These legal actions have highlighted the need for a thorough review of the risks associated with vaginal mesh implants.

What is vaginal mesh surgery?

A vaginal mesh, also known as TVT mesh or pelvic mesh, is simply a synthetic net-like material (made of polypropylene) that is used to replace weak connective tissues or ligaments, suspending the vagina and uterus.

It commonly treats pelvic organ prolapse (POP) by supporting the protruding pelvic organs. The mesh is implanted during a simple operation during which the vagina is opened at the vaginal wall, and the mesh is secured in place. The surgery is common in women aged over 50.

Why was vaginal mesh surgery commonly used?

Stress incontinence affects around 20% of women after childbirth or menopause, while pelvic organ prolapse can impact up to half of women who have had children. Vaginal mesh surgery became popular as a seemingly permanent solution for these conditions, initially demonstrating promising success rates.

Between April 2008 and March 2017:

• 100,516 patients underwent tape insertion for stress incontinence.
• 27,016 patients had mesh procedures for pelvic organ prolapse.
• 71,350 patients opted for non-mesh procedures.

Recognising problems and complications caused by mesh surgery

However, many patients experienced severe complications, including:

• Chronic pelvic, back, and leg pain
• Mesh erosion and extrusion
• Vaginal scarring
• Painful intercourse
• Bladder infections and perforations
• Bowel and nerve injuries

These complications were exacerbated by inadequate warnings given to patients about potential risks. If you are experiencing any of these symptoms, it is crucial to seek medical attention promptly. A healthcare professional can diagnose the cause of your symptoms and recommend the best treatment. Early intervention is key to managing these complications and preventing further harm.

Regulatory action

In July 2018, following widespread concerns, the UK government paused vaginal mesh procedures pending review. Baroness Julia Cumberlege led the Independent Medicines and Medical Devices Safety (IMMDS) review, resulting in the influential “First Do No Harm” report in July 2020. NICE guidelines were subsequently updated to restrict mesh use to exceptional cases under strict supervision, although complications continue to affect many women.

Recent data suggests a complication rate as high as 1 in 6 patients.

Medical negligence claims

Medical negligence occurs when a healthcare provider fails to deliver the standard of care expected, resulting in harm or injury to the patient. In the context of vaginal mesh, medical negligence may arise if a healthcare provider does not adequately inform a patient of the potential risks associated with the procedure or if the surgery is performed incorrectly.

If you believe you have been a victim of medical negligence, you may be entitled to make a medical negligence claim. These claims can help you seek compensation for the injuries and complications you have suffered due to substandard medical care.

Importance of informed consent

Informed consent is a fundamental aspect of medical treatment, including vaginal mesh surgery. Patients have the right to be fully informed about the potential risks and benefits of a procedure and any alternative treatment options. If a healthcare provider fails to obtain informed consent, medical negligence may be considered.

In the case of vaginal mesh, many women have reported that they were not adequately informed of the potential risks associated with the procedure. This lack of informed consent has led to numerous medical negligence claims as patients seek justice for the harm they have endured. Ensuring informed consent is crucial to upholding patient rights and preventing medical negligence.

Who can make a vaginal mesh claim?

Any woman who has suffered complications from a vaginal mesh implant can potentially make a claim for compensation. This is the case whether surgery was performed by the NHS or a private hospital. Osbornes Law has successfully secured significant compensation in medical negligence claims against the NHS and private healthcare providers.

How long do I have to make a claim?

The time limit for making a vaginal mesh claim is three years is within three years of the date you could have reasonably known that your injury was a result of medical negligence. For example, the time period could start following a diagnosis by your GP  that mesh is the cause of your problems. This means that, even if you underwent a mesh procedure some years ago and you are only now experiencing complications, you could still be eligible to make a vaginal mesh claim.

The three years can slip by quickly, and delay increases the risk of losing vital evidence. Therefore, we recommend consulting a solicitor, ideally no later than 12-18 months after you became aware of negligence, to avoid the problems caused by delay and to give your claim the best chance of success.

How much compensation can I claim?

The amount of compensation can vary significantly depending on the extent of injury and its impact on your life. Compensation covers general damages for pain, suffering, and loss of amenity, and special damages for financial losses like lost earnings and medical expenses.

Do I have to pay to make a vaginal mesh claim?

Osbornes Law offer a No Win No Fee Agreement. We use the Law Society’s approved Conditional Fee Agreement. We guarantee that you will not have to pay anything if we are unsuccessful in obtaining compensation for you. If this happens, we are paid nothing. If your claim is successful, you may have to pay legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded.

Client case study

Our client, SG, experienced significant complications following TVT surgery. Among these complications, she experienced substantial pelvic pain. SG initially sought medical help for urinary symptoms and was advised to undergo TVT surgery. Unfortunately, post-surgery, she suffered a lack of movement in her left leg, among other complications. The case evolved into a civil claim against East Sussex Healthcare NHS Trust. Read about the case here.

Continued concerns about vaginal mesh risks

Despite regulatory measures, concerns remain. Reports suggest the UK is becoming a key European market for pelvic mesh products, with ongoing research often failing to accurately represent associated risks. Dedicated support groups, such as Sling The Mesh, continue to advocate for patient safety.

How can Osbornes Law help me make a vaginal mesh claim?

Osbornes Law has helped many women make vaginal mesh claims. Our expert team of medical negligence solicitors will use their extensive legal knowledge to help you secure vaginal mesh compensation after suffering a mesh implant injury. We have a proven track record in handling successful medical negligence claims, ensuring our clients receive the justice and compensation they deserve.

It is important to get expert support after a medical negligence injury as soon as possible. If you have undergone vaginal mesh treatment and feel that you may have suffered injury as a result, then please do not hesitate to contact Josie Robinson, who specialises in vaginal mesh claims.