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Defective Medical Device Claims

Surgical & Transvaginal Mesh Claims

Transvaginal meshes (TVMs) have been used by many uro-gynaecological surgeons to treat pelvic organ prolapse (POP) in women. When medical treatments are used so often we expect them to be safe and reliable, but it has become clear that there are serious problems with some TVM implants.

If you've sustained an injury or illness from a transvaginal mesh, then our solicitors could help you claim compensation. Our medical product liability lawyers have a great deal of experience  making TVM claims for women who've suffered from their implant and even required surgery to remove it. TVMs have been known to cause pain, discomfort, bleeding, perforation and erosion into other organs, causing major disability.

Our long-standing experience of medical device product liability cases means we are well placed to provide all of the help and support you need when making a transvaginal mesh claim. We aim to make the entire process as simple as possible for you, and will help you access medical care and rehabilitation as part of our service.

We can also help if you have sustained an injury following treatment by Mr Arun, a consultant uro-gynaecologist who worked at City Hospital in Birmingham and is currently under scrutiny following concerns over patient safety.

If you have any questions about claiming compensation for problems caused by a transvaginal mesh, call us today on 0800 121 6567 for a free initial consultation about your case, or contact us online and we'll get back to you. We'll discuss your situation with you and give you advice on your options.

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Surgical & Transvaginal Mesh Claims - More Information
    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective medical product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim is based on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 121 6567 and we'll be happy to discuss your options in a free initial consultation.

    • What's The Claims Process?
    • To make a compensation claim for an injury caused by a defective medical product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

      1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
      2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
      3. Conclusion. If your opponent accepted blame, you'll be awarded compensation. If not, court proceedings will begin.

      Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court takes over the management of your case – and there is still the opportunity for your opponent to settle.

      If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you were unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 121 6567 for your free initial consultation.

    • How Long Do I Have To Make A Claim?
    • You generally have to make a compensation claim for personal injury within three years of the date of the injury or illness caused by a defective medical product. There are exceptions to this including for children and individuals who are unable to make their own legal decisions.

      Defective product claims must also be brought within 10 years of the date the product went into circulation. This 10 year time limit cannot be extended.

      Time limits are judged strictly on a case-by-case basis by the courts, so it's best to get in touch with us for some advice. Call today on 0800 121 6567 for a free consultation on your case, and we'll be happy to help.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there's no financial risk* to you when making a compensation claim.

      At the start of your case we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it's always worth checking whether you're already covered.

      If we think you're best supported by a No Win No Fee agreement, we'll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

We are well aware of the devastating effects synthetic mesh implants can have on patients, causing debilitating pain and reducing quality of life significantly."

Sallie Booth - Partner
Defective Products

Frequently Asked Questions

Who Can Make A Transvaginal Mesh Claim?

If you've suffered complications – such as pain, or the need for revision or excision surgeries because of a transvaginal mesh, then you may be able to claim compensation. You usually have three years from the date of injury to make a compensation claim. Claims arising from defective products also have to be brought within 10 years of the product going into circulation, so it’s important to seek legal advice on this.

You can claim if a transvaginal mesh itself is faulty, in which case claims are often made against the manufacturer of the device. If your injuries have been caused by poor fitting of the device, or issues surrounding consent to the mesh operation, then we may be able to make a medical negligence claim against those responsible. It's possible to claim against both the NHS and private surgeons/providers.

We’re currently investigating claims in Birmingham against consultant uro-gynaecologist Mr Arun, after concerns that he had wrongly been implanting synthetic trans-vaginal meshes (TVMs) to treat pelvic organ prolapse in women.

If you're not sure whether or not you'll be able to make a claim, it's best to seek some advice from the experts. Call us today on 0800 121 6567, or contact us online, for a free initial consultation about your case.

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What Problems Have Been Linked To Transvaginal Meshes?

The recommended implantation technique for TVMs has led to cases of erosion of the vaginal tissues, organ perforation and ongoing pain. The National Institute for Clinical Excellence (NICE), the regulator for health technology used in England and Wales, has stated that "insufficient information" is available on the effectiveness and safety of transvaginal mesh use in prolapse surgery on women, and has called for a review.

In addition:

  • Scottish health ministers have called for TVMs to be banned or their use suspended.
  • The European Commission body the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) has recommended that due to the risks posed, transvaginal mesh surgery should only be used when other surgical options have either failed or are expected to do so.
  • The Food and Drug Administration (FDA) in the US has re-categorised transvaginal mesh devices from Class II to Class III, which indicates they pose a higher risk to patients.

Some studies have found that transvaginal mesh is associated with a high rate of complications, with over 30% of patients that may be permanently disabled or experience long term symptoms, even with complete mesh removal.

The Royal College of Obstetricians and Gynaecologists (RCOG) advised in 2013 that the risks and benefits of mesh are unclear.

In light of this mounting concern, many NHS Trusts have taken the decision not to offer transvaginal mesh as a first surgical repair treatment when pelvic organ prolapse has occurred.

Now that these problems are known, the removal of the mesh to prevent these problems has also proved to be difficult, since the mesh was designed to stay in the body indefinitely. Patients often need several revision surgeries to attempt to remove the mesh one piece at a time. In some circumstances, complete removal is not possible.

The issues caused by defective medical devices can be life-altering, causing ongoing pain, or turning existing problems into debilitating conditions. We currently represent many women who have been affected by transvaginal meshes, helping them to claim compensation for the pain and harm they have experienced.

If you have any questions about making a claim, get in touch with us on 0800 121 6567, or contact us online, and we'll be able to offer our advice.

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Why Choose Irwin Mitchell For A Transvaginal Mesh Claim?

Our medical negligence and product liability solicitors have worked with victims of defective medical products for many years, and we understand the physical difficulties, anger and lasting trauma that defective medical products can cause.

We also understand that it can be difficult to know who is to blame and who should be held accountable for your illness or injury. In these situations, it helps to have the experts on your side – if you've suffered because of a defective transvaginal mesh, we'll work tirelessly to make sure you receive the compensation you deserve.

Helping our clients access medical care and support, including physiotherapy and surgery, as well as mobility aids and home modifications, is as important to us as pursuing financial compensation. This support is essential for adapting to life after an injury, and our approach has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

Our extensive experience has seen us handle a diverse range of defective medical device claims, and we have worked with many clients who have suffered problems following the use of a transvaginal mesh.

If you have any questions about making a claim, or how we can help, then please don't hesitate to give us a call today on 0800 121 6567, or contact us online, for a free initial consultation on your case. We're here to help.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for improvements in patient safety by supporting Action against Medical Accidents (AvMA). This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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