Tuesday, May 20, 2014

New Mesh Studies Release and Update on Mesh Cases

A pair of new studies with mixed results suggests that removal of vaginal mesh -- a device implanted to help support a woman's pelvic organs – may not improve side effects such as pain and incontinence related to the device.

The findings, reported Monday at the American Urological Association's annual meeting, come at a time of growing safety concerns over vaginal mesh devices. Last month, the U.S. Food and Drug Administration (FDA) said it will require stricter oversight of the products -- specifically, as they are used to treat pelvic organ prolapse. The FDA now classifies these devices as "high-risk."

Unbelievably, the implants are still in use, and the recent FDA action applies only to vaginal mesh used for pelvic organ prolapse -- and not the other uses for mesh implants. Manufacturers will have to provide extensive safety data to the agency before it will approve future mesh devices for sale, unlike those that injured thousands of women, which were approved based on their similarity to mesh that has been used for decades to repair abdominal hernias.

In pelvic organ prolapse, the structures supporting the bladder, uterus and rectum weaken and stretch. The organs may drop from their normal position and protrude into the vagina, which can cause pelvic pain, discomfort during sex, and problems with urination and bowl movements.
Some women with pelvic organ prolapse eventually need surgery to reposition and secure the pelvic organs. Vaginal mesh implants were marketed to give extra support to the organs after corrective surgery.

However, the FDA began receiving reports of problems linked to the devices. There were cases where the mesh eroded, and women suffered infections, bleeding or pain.

The study followed 123 women who had surgery to remove either a mesh device or another synthetic device called suburethral tape. The results from this study was mostly good. Most of the women -- including 67 percent of those with the mesh device -- became pain-free after surgery. And on average, patients' pain ratings were much lower two to three years after surgery versus before the surgery.

The second study, by researchers at the University of California, Los Angeles, had less-positive results. It surveyed 214 women roughly three years after their mesh implants were surgically removed. Post-surgery, many women continued to have problems, the study found. Although two-thirds of the women said they had no pain or only mild symptoms, the rest had moderate to severe pain. Twenty-eight percent said they suffered from incontinence at least once a day, and half had pain during sex, according to the study.

There are a multitude of manufacturers of these products. As such, litigation over the various types of mesh implants have been going on for a few years. The results of trials that have occurred have been mixed. Last year, a major victory was achieved for the victims with a huge punitive damage judgment. See my previous blog post on that story.

Earlier this year however, U.S. District Judge Joseph Goodwin in Charleston, West Virginia, granted judgment for Johnson & Johnson on Carolyn Lewis’s claims that a TVT Retropubic sling implanted to treat incontinence was improperly designed, according to court records.

J&J is facing more than 12,000 federal-court claims that the TVT Retropubic slings and its other vaginal-mesh inserts degraded over time, causing pain and injuries. The cases have been consolidated before Goodwin for pretrial information exchanges. Lewis’s case was the first sling suit to go to trial. More than a million women have had the slings inserted since the device was approved in 1998.

Another manufacturer, American Medical Systems (AMS) and its parent company, Endo International Plc, announced an $830 million offer to settle approximately 20,000 pending vaginal mesh lawsuits. News of the settlement was reported on May 1, 2014.

The AMS settlement will resolve most of the lawsuits filed by women who allege they have suffered injuries after being implanted with the company’s Apogee, Perigee, and Elevate mesh devices that were meant to alleviate symptoms of pelvic organ prolapse and stress urinary incontinence. Each claimant will receive approximately $40,000, based on the total amount of the settlement. Many of the lawsuits have been consolidated into the MDL in front of Judge Goodwin. However, Endo is facing a number of lawsuits filed in various state courts throughout the country.



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