Kristen Zanoni  |  September 21, 2020

Category: Closed Settlements

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Woman having abdominal pain - BSC Transvaginal Mesh Settlement - Boston Scientific

A $21.5 million Boston Scientific (BSC) transvaginal mesh settlement has been reached in the Canadian women transvaginal mesh class action lawsuit against manufacturers Boston Scientific Ltd. and Boston Scientific Corp. over reported injuries.

The transvaginal mesh class action lawsuit applies to all women in Canada who have had an implanted device for treatment of stress urinary incontinence (SUI) and/or for treatment of pelvic organ prolapse (POP) anytime on or before Feb. 28, 2020.

The Court has authorized the compensation protocol, which will manage the compensation amounts for eligible Class Members. The transvaginal mesh class action lawsuit is seeking damages for all eligible claimants to cover administration fees, legal fees, and health care expenses. 

The Canadian transvaginal mesh class action lawsuit against BSC began in 2012 following varied injuries allegedly acquired by the devices.

The lawsuit was initiated by plaintiff Susan Vester, who had the medical device implanted to prevent incontinence. She allegedly experienced transvaginal mesh complications including urinary problems, pain during sexual intercourse, and emotional stress.  

On June 12, 2020, the class action settlement was approved in the Ontario Superior Court.

“We are proud of this settlement on behalf of Canadian women who have received pelvic mesh implants. We are pleased to be able to finally resolve the claims of the class members,” representing lawyer Jill McCartney of Siskinds stated in a news release.

The planned Boston Scientific transvaginal mesh settlement is not an admission of liability by the BSC, and the court has not found any liability against them. BSC continues to renounce the allegations cited in the class action lawsuit.

Class Members can claim compensation in the Canadian transvaginal mesh class action lawsuit by submitting claims to be formally judged for eligibility by the claims administrator per the guidelines of the compensation protocol. 

A claim by the estate of the Class Member in the BSC transvaginal mesh settlement may be made if the Class Member has passed away. If the claim is approved, the legal estate representative will be sent the class action rebate payment for that estate. The representative will need to provide proof of authority to act as the representative.

The dates for the initial settlement claim period for women in Canada who had a transvaginal mesh implant from Boston Scientific Corp. started April 1, 2016, and ended Jan. 18, 2021. There will also be a supplemental claim period scheduled to end Jan. 18, 2023.

If women with transvaginal mesh implants suffer continued injuries after Jan.18, 2021, or missed the first claim deadline, and were given an implant on or after April 1, 2016, they will be eligible to submit a claim during the supplemental claim period.

Filing a claim in the Canadian transvaginal mesh class action lawsuit will require retrieving medical records and may be complicated, and Class Members have the option of obtaining legal representation. Those who choose to retain their own lawyer will be responsible for paying the legal fees. 

Claims for the initial claim period must have been postmarked by Jan. 18, 2021.

The deadline to file a supplemental claim in the BSC transvaginal mesh settlement is Jan. 18, 2023. 

Who’s Eligible

The Class Members include all women in Canada who had a Boston Scientific Corporation transvaginal mesh implant to treat Stress Urinary Incontinence (SUI) and/or Pelvic Organ Prolapse (POP) any time on or before Feb. 28, 2020.

Potential Award

The transvaginal mesh class action lawsuit is seeking a collective $21,500,000 (Canadian dollars) to split between the Class Members. It is undetermined how much compensation will be given to each individual. The compensation will be used to pay for the cost of the settlement, legal fees, and medical expenses.

Proof of Purchase

To be eligible for the class action lawsuit, you must provide medical records of obtaining a transvaginal mesh implant from Boston Scientific Corporation for (SUI) and/or (POP) on or before Feb. 28, 2020.

If you have acquired injuries due to the transvaginal mesh implant, provide medical evidence in your claim.

Claim Form Deadline

Initial claims 1/18/21

Supplemental claims 1/18/23

Case Name

The Canadian Boston Scientific Transvaginal Mesh Class Action Lawsuit is Susan Vester, et al. v. Boston Scientific Ltd., et al., Case No. CV-15-527310 CP, in the Ontario Superior Court of Justice, Canada.

Final Hearing

6/12/2020

Claims Administrator

BSC TVM Class Action
c/o RicePoint Administration Inc.
PO Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
canadabscmesh@ricepoint.com
1-866-795-5067

Class Counsel

SISKINDS LLP

SISKINDS, DESMEULES S.E.N.C.R.L.

Defense Counsel

OSLER, HOSKIN & HARCOURT LLP

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3 thoughts onCanadian BSC Transvaginal Mesh Settlement

  1. Nancy Williamson says:

    I had a mesh tape that installed approximately 15 years ago and it is now failing over the past 2 years. I have not been successful in having a urologist physically check out my situation to confirm what is going on and am still trying through my nurse practitioner. I have learned about this law suit just today and am wondering whether or not I would qualify and I do not know where to commence.

  2. Maura says:

    I had a pelvis mesh surgery approximately 10 years ago at North York General and have suffered complication and chronic pain for years

    1. Judy Davey says:

      I had pelvic surgery about 10 years ago ND have had pain during sex ever since, I have no clue if this is the procedure that was used, how would I find out. I always say the put a hammock inside me

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