Endo International recently announced an $830 million settlement offer intended to resolve the majority of the more than 25,000 lawsuits filed against the company and its American Medical Systems (AMS) unit. Endo and AMS manufacture vaginal mesh implants used to treat Pelvic Organ Prolapse (POP), Stress Urinary Incontinence (SUI), and after hysterectomies. Even as Endo and AMS settle these cases they are not admitting fault or liability related to the implanted devices and they will continue to fight the remaining lawsuits.
Endo Settlements & The Liability Claims
This new settlement offer comes nearly a year after Endo settled an unspecified number of vaginal mesh liability cases for $54 million. After the initial influx of mesh-related liability claims Endo set aside $520 million to cover product liability legal claims. Endo has recently set aside another $625 million in expectation of additional costs, which include the current settlement that is set to be implemented over the coming year.
The women in the more than 25,000 Endo lawsuits claim the implants caused them further injury after their procedures. The women claim they suffered complications include bleeding, device erosion, chronic pelvic pain, and painful intercourse. Endo’s settlement will provide each of the women close to $40,000 and the option to seek additional damages if their complications required multiple surgeries to remove the implant.
Receiving Settlement Funds
Reaching a settlement can be a satisfying and important point in any product liability lawsuit; however merely reaching a settlement is not enough to conclude the matter. Plaintiffs must take additional steps in order to make the settlement offer final and receive settlement awards. Typically, settlement offers require plaintiffs to agree to release their claims against the defendant. This means they agree to not bring another lawsuit based on the same claim. Also, plaintiffs usually agree to keep the settlement details confidential, particularly if the settlement is on an individual basis. This allows the manufacturer greater negotiation abilities with other plaintiffs.
In Endo’s first settlement offer a minimum of 95% of the plaintiffs involved had to release their claims or the offer could be rescinded. The current settlement likely has similar requirements. Additionally, plaintiffs need to provide medical records to provide support of claims and verification that the implanted device was made by AMS and Endo.
If you or someone you know has an AMS implanted vaginal mesh device and believe you have suffered injuries related to the mesh device, you may be entitled to compensation. As a consumer you have the right to safe, effective medical devices. Contact your doctor about your symptoms and then contact our experienced legal team to discuss your claim at no cost. Or complete our Free Vaginal Mesh Case Review form and our top-rated legal team will evaluate your claim. Contact us today to learn how we can help.