How to claim compensation for a vaginal mesh implant
Vaginal mesh problems may cause embarrassment and untold discomfort. If you’ve suffered pain as a result of medical negligence, our specialist lawyer team can help you get the compensation you deserve.
Last updated on April 26th, 2021
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The most important things to remember when taking legal action for vaginal mesh injury claims are:
- Vaginal mesh treatment has received criticism in the UK
- You can claim based on misinformation, faulty products, or medical malpractice
- You can claim on a No Win, No Fee basis
- You generally have three years from symptoms starting to make a claim
- Your compensation is assessed based on how it has affected your life.
Vaginal mesh TVT claims
Following intervention from the Independent Medicines and Medical Devices Safety, vaginal mesh implants are no longer used in the UK to treat urinary incontinence. However, if you have had this surgery in the past and suffered from medical malpractice, we can help you to make TVT mesh claims.
What is a vaginal mesh implant?
Sometimes known as a urogynaecological or transvaginal mesh, a TVT implant is used to treat prolapses in the pelvic area. It’s also designed to treat stress urinary incontinence – the inability to control urine if under stress, for example running or jumping.
TVT (transvaginal tape) is offered to women after childbirth. It is usually used to treat muscle hernias, but in these cases, the tape helps to repair weakened tissue by providing support for the pelvic tissue to grow over. The procedure is carried out through keyhole (non-invasive) or open surgery.
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Vaginal mesh problems
In the past, there have been reports on doctors not being adequately trained to carry out TVT surgery, while others have been concerned about life-changing effects. As the surgery affects an intimate area, complications can include:
- Chronic pain in the lower abdomen and pelvic areas
- Excessive bleeding
- Difficulty walking
- Sexual issues
- Blood clots
- Bladder infection or perforation (piercing)
- Vaginal erosion or scarring
- Bowel and nerve trauma
- Erosion or protrusion of the mesh.
These symptoms may be the result of medical malpractice, with surgeons not qualified to carry out procedures of this type and can all result in vaginal mesh claims.
The TVT mesh claims compensation process comes in four steps:
- You can call us to discuss your claim. We generally advise you call us as soon as possible, but you’ll have up to three years from the date the symptoms started. We ask that you have as much evidence as possible before you call, for example, medical reports.
- Once we have all your evidence, we will send out a trusted medical advisor to review your symptoms. We appreciate this can be intimate and embarrassing, so we will endeavour to send a woman with a specialism in gynaecology. The advisor will be checking for ‘breach of duty’, which is evidence of malpractice or a surgical error. She will also be looking for ‘causation’, which is the extent of the damage.
- The advisor will give us a report, and if it states that the doctors or hospital are at fault, we will start to take legal action. The defendant (the doctors or surgery) has four months to respond to our written letter. During this time, we’ll assess how severe your injury is and let you know how much we think you could claim.
- If the organisation admits fault, you’ll receive your compensation minus our fees. Most of our claims are No Win, No Fee, so you won’t pay a penny if we don’t win. However, if they dispute the claim, we may have to take it further. Less than 1% of medical negligence claims end up in court, so there is very little need to panic.
How long after my vaginal mesh injury can I claim?
You generally have three years from the date of the surgery or the date you were diagnosed with related symptoms to make a claim. However, if you are under 18, you can ask an adult to represent you up to the date of your 18th birthday. After this date, you can claim for yourself up until your 21st birthday.
In some cases, product defects can extend this three-year limit. There have been many documented cases of faulty vaginal TVT products, so you can make a claim three years after the fault was reported.
How much can I claim?
Our expert solicitors will assess your claim based on the seriousness of the injury, and how it’s affected your life – for example, no longer being able to take part in sports. We call physical injuries ‘general damages’ while ‘special damages’ refer to any costs you’ve incurred – for example, travel to hospital appointments or time off work.
Unlimited legal support.
That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.
Can I sue the NHS? What is my claim worth?
You may be able to sue the NHS if you can prove medical negligence, for example, if you were not warned of the risks. Your payout is funded by NHS Resolution, which is funded by NHS Trusts around the country. There is no set compensation amount for vaginal mesh claims, but we can follow the Judicial Board Guidelines for ballpark figures on organ damage:
- Chronic pain compensation claims can be worth as much as £50,000
- Hip or pelvis injuries can be worth as much as £31,000
- Injuries to the bladder can be worth as much as £112,000
- Loss of bowel function compensation claims can be worth as much as £119,000.
How is my compensation calculated?
At Express Solicitors, we specialise in going above and beyond to get you the largest settlement possible. That means we’ll examine every possible factor to make a vaginal mesh compensation claim, such as:
- Long-term changes to your lifestyle, such as your sex life
- Physical and psychological injury
- Any adjustments to the home
- Time off work
- Any costs you have to pay out, such as travel to appointments.
In some cases, we may be able to arrange interim payments. These are a small sum of your total payout, which are payable before your claim is settled.
Choosing the right No Win, No Fee solicitor
We understand how embarrassing and shameful it may feel to make a vaginal mesh implant claim. That’s why we’ll listen to your claim sensitively and provide you with the best legal advice to get you the compensation you deserve. We can process your claim on a No Win, No Fee basis, so if we don’t win – you don’t pay. Call us today to find out more.
What are my legal rights when making a claim?
Under UK law, you can make a vaginal mesh injury compensation claim based on:
- Product defects
- Lack of treatment choice
- Lack of informed consent
- Surgical malpractice.
According to the BBC, one in 11 women in the UK has suffered with vaginal mesh problems. It’s therefore important to know your rights when making a compensation claim.
There have been many vaginal mesh lawsuit claims in both the UK and the US. If you know that your mesh was one of the following brands, you may be able to make a claim based on faulty implants:
- TVT Secur.
Lack of treatment choice
According to guidelines from the National Institute for Health and Care Excellence (NICE), patients should be offered a three-month trial of pelvic floor muscle training before surgery. If your doctor neglected to offer you this, you could make a claim.
Lack of informed consent
If you were given the wrong information or not told all the options, you may have a case to claim. For example, you should have been made aware of the risks, or the lack of long-term data on vaginal mesh implant effectiveness. You must have been involved in the decision-making, according to NICE guidelines.
If your surgeon was not adequately trained, and inserted the tape in the wrong place, you could make a claim. This can lead the mesh to move away from its intended position, resulting in significant pain. Likewise, other complications can occur such as bowel perforation, leading to long-term effects for which you could claim.
Start your vaginal mesh medical negligence claim
Whether you were misinformed or given a defective product, Express Solicitors is here to help you. We’ll settle your claim on a No Win, No Fee basis and deal with your compensation as sensitively as possible. You should be able to live a pain-free life – we can help get you the settlement you deserve.