How to claim compensation for a vaginal mesh implant

What are the most common issues caused by vaginal mesh surgery?

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
• Incontinence
• Constipation
• 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.

How do I know if I can make a vaginal mesh claim?

If you have suffered any of these symptoms, you may be able to make a claim against the NHS or a private medical organisation.

So far, more than 1,000 women across the UK have submitted claims to the NHS for injuries caused by TVT implants.

In addition to side effects, women have also been able to claim for implants that were not inserted correctly. Some have made claims on the basis that they were given the wrong information or advice – and would not have had the operation if they had known the risks.

How to make a vaginal mesh claim

To take legal action against the NHS, you need to be able to prove two things: that you were injured, and that your vaginal mesh surgery caused your injury (as a result of medical negligence). Our expert medical negligence solicitors can guide you through the process and let you know if you qualify for a claim.

How long after my vaginal mesh surgery 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 18^th birthday. After this date, you can claim for yourself up until your 21^st 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.

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 solicitors

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.

The TVT mesh claims compensation process comes in four steps:

1. 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.
2. 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.
3. 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.
4. 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.

What are my legal rights when making a vaginal mesh 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.

Product defects

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:

• Obtryx
• Pinnacle
• Gynecare
• Prolift
• 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.

Surgical malpractice

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.