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Exhausted101 Asked May 2015

Has anyone experienced the vaginal mesh sling lawsuit successfully?

Was the financial outcome worth going through the hassle? People have been telling us that Mom definitely has a case of sling product failure. But...to get an attorney and all the legal procedures and forms, plus obtaining all the dates, medications, doctor appointments...ugh...it's hard enough just taking care of her daily needs, most of which are caused by this sling situation. I don't know if I can survive any more stress. Our family is NOT a suing kind of people, but Mom's running out of money in AL. I fear the outcome of a lawsuit, minus attorney fees and taxes, would leave her with nothing much anyway. Has anyone here received an award from this kind of lawsuit and was it worth the trouble of trying to find all the details they want? I saw the extensive list and am ready to give the idea up.

GardenArtist May 2015
Sorry - I was posting and researching and didn't see your answer that you've already decided against proceeding.

GardenArtist May 2015
Should have added...

Here's one reference to the suits that you can read for clarification on class action lawsuits.

litigationandtrial/vaginal-mesh-implant-erosion-recall/

There are many others to check; reviewing several might help resolve some of your questions.

There's also the possibility that any potential class action lawsuit won't be certified as such - at least this could have been an issue back in the day when I worked in this area. Thinks may have changed - that's a question to ask a MedMal attorney - i.e., if the suit has been certified to be a class action suit.

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GardenArtist May 2015
Pam makes good points.

The advice you should be getting should be from Medical Malpractice attorneys handling these suits. I haven't worked in this practice area for about 20 years but at that time typically this is how a possible MedMal suit would be handled.

After interviewing the potential client and getting releases for medical records, those releases with a request for very specific medical records would be sent to the treating physicians, or would be sent to a record copying services, to request ALL the patient's records, which would after receipt be reviewed either by a nurse on staff, or by an independent physician.

MedMal attorneys have lists of physicians in specific fields who will review medical records and advise whether in their professional opinion liability exists, or whether there is no liability.

If it's determined that the patient has/had the medical product, etc., AND has complications, and wishes to become a part of the class action lawsuit, then the law firm would include her/him as a party plaintiff.

It seems you're vascillating, based on someone else's "advice". Contact one of the sling mesh MedMal firms and speak with one of the attorneys who's handling the cases - you'll get more specific and accurate information that way.

If you're gambling though on getting money to fund her AL fees, don't count on a MedMal suit - typically they could take a few years depending on the specific jurisdiction, and you might get only a nominal settlement or none at all.

Attorney's fees used to be 1/3 of recovery, but that may have changed and may also be different for a class action lawsuit.

What "list" did you see?

Exhausted101 May 2015
Thanks. The people who have suggested she MAY have a case have been two attorney assistants and one attorney, and people in the medical field, watching us go through the tortures with her. That's why we were investigating the possibilities. After learning all the information we'd have to have kept (which we didn't keep), and the hoops we'd have to go through to gain the information needed, we have decided to drop the idea. She has definitely "complained" to her doctors and anyone else who would listen and been treated for numerous UTI's and catheter surgery, and all that involves. She is in AL only because of weakness due to old age and trying to give her family a break from her care, but except for this daily all-consuming trouble, is in very good health otherwise, certainly nothing that is life-endangering except advanced years. Thanks for taking time to respond to my question.

pamstegma May 2015
"People" who advise you being who? You need more than opinions from people, you need ALL the medical records, and those medical records must clearly show that Mom complained to the MD and the MD had to treat her for that specific problem.
Why is she in Assisted Living? The lawsuit won't address co-morbidities like dementia or heart failure or obesity. Get the whole picture.

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