Christina Spicer  |  July 21, 2020

Category: Closed Settlements

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This settlement is closed!

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Woman in pain holding her abdominal area regarding the AMS transvaginal mesh settlement - transvaginal mesh class action lawsuit

Plaintiffs have secured a nearly $21 million AMS transvaginal pelvic mesh settlement resolving a class action lawsuit that alleged the medical devices caused serious side effects.

Class Members include those who were implanted with any AMS women’s pelvic mesh devices in Canada in order to treat stress urinary incontinence and/or pelvic organ prolapse before May 28, 2015, along with those who have personal relationships with those implanted with the mesh. The estates of deceased Class Members may also file claims in the AMS transvaginal mesh settlement.

AMS transvaginal mesh products include various devices that fall under three categories:

  • Stress urinary incontinence products
  • Pelvic organ prolapse products
  • Other products

A list of covered products is available on the settlement website.

The AMS transvaginal mesh class action lawsuit alleged the medical devices made by American Medical Systems resulted in injuries to women implanted with the mesh. This medical device, often used to treat urinary incontinence and pelvic organ prolapse in women, has reportedly been associated with a number of serious side effects.

Transvaginal mesh is an implant that was designed to support weak vaginal walls and/or support organs in the area. The device is designed like a net.

Reported side effects include vaginal scarring, mesh erosion, infection, pain, urinary problems, incontinence, recurrence, bladder perforation, pain during sex, and other problems affecting quality of life. Women who suffered pelvic mesh side effects reportedly have to undergo additional and sometimes extensive surgeries to combat the problems caused by the complications. Some women also report suffering from depression after suffering pelvic mesh complications.

In response to a number of reports of problems with these medical devices, including AMS transvaginal mesh, Health Canada issued a pair of notices. The first was issued in 2010 and detailed various complications of using the mesh to treat stress urinary incontinence and pelvic organ prolapse. The second was issued in 2014, noting that the health agency had continued to receive reports of problems from women who had been implanted with transvaginal mesh products.

The AMS transvaginal mesh class action lawsuit claimed that American Medical Systems failed to adequately warn patients and their doctors about the serious side effects associated with the medical device. The plaintiffs said that they would not have agreed to be implanted with the mesh had they known about the alleged side effects.

Initially, a number of complaints were filed against the device maker. These complaints were eventually consolidated into a single class action lawsuit.

The parties reportedly reached a settlement in the class action lawsuit in July of 2019, with American Medical Systems agreeing to pay $20,858,488.48 to exit the litigation. Under the terms of the settlement, the device maker admits no liability or wrongdoing regarding the alleged AMS transvaginal mesh complications. The settlement agreement was approved on Oct. 4, 2019.

In addition to women and their caregivers, the class action settlement will also cover administration, lawyers’ fees, and claims made by provincial health insurers.

Compensation to each Class Member is based on a points system that takes into account the device implants, treatments and/or surgeries required, and the age of the person who received the AMS transvaginal mesh. Class Members will each receive a share of the settlement amount, after administrative and legal fees are paid, based on the number of points allocated. A detailed description of the allocation of points is available on the class action settlement notice.

In order to make a claim in the AMS transvaginal mesh side effects class action lawsuit, Class Members must have completed and submitted a claim form, along with supporting documentation, by July 27, 2020. Class Members may also be able to submit a supplemental claim for injuries suffered after the deadline to submit a claim form.

Supporting documentation must include the following:

  • A product identification sticker
  • Medical records related to the implantation procedure
  • Documentation from the implanting surgeon and/or hospital confirming the AMS transvaginal mesh product implanted

The exclusion and objection deadlines for the AMS transvaginal mesh settlement have already passed.

Class Members who suffered injuries after the July 2020 claim form deadline may file supplemental claims until July 27, 2022.

Who’s Eligible

Those who were implanted with any AMS women’s pelvic mesh devices in Canada in order to treat Stress Urinary Incontinence and/or Pelvic Organ Prolapse before May 28, 2015, along with those who have personal relationships with those implanted with the mesh. The estates of deceased Class Members may also file claims.

Potential Award

Varies. Compensation to each Class Member is based on a points system that takes into account the device implants, treatments and/or surgeries required, and the age of the person who received the AMS transvaginal mesh.

Proof of Purchase

Class Members must submit supporting documentation along with their claim.

Supporting documentation must include the following:

  • A product identification sticker
  • Medical records related to the implantation procedure
  • Documentation from the implanting surgeon and/or hospital confirming the AMS transvaginal mesh product implanted

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

Initial claim deadline: 7/27/2020
Supplemental claim deadline: 7/27/2022

Case Name

Sharon Harper, et al., v. American Medical Systems Inc., et al., Case No. CV-15-527760-00CP, Linda-Sue Middleton, et al., v. American Medical Systems Inc., et al., Case No. CV-15-529000-00CP, in the Ontario Superior Court of Justice, Canada.

Final Hearing

10/4/2019

Settlement Website

Claims Administrator

AMS TVM Class Actions
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON   M5W 4B1
1-866-571-7804
amsmeshclassaction@ricepoint.com

Courier:

AMS TVM Class Actions
c/o RicePoint Administration Inc.
100 University Ave.
8th Floor
Toronto, ON   M5J 2Y1

Class Counsel

SISKINDS LLP

SISKINDS DESMEULES SENCRL

ROCHON GENOVA LLP

MERCHANT LAW GROUP

Defense Counsel

BLAKE CASSELS & GRAYDON LLP

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2 thoughts onAMS Transvaginal Mesh Class Action Reaches Settlement

  1. Agnes Craine says:

    Add me please

  2. Mary ann chantal Tucker says:

    Hello i was reasing your class action on mesh and in 1 paragraph it sais other mesh as well. Im wondering if i can claim. I have had the worse experience that im still going through. I am in line for my 46th surgery in just 3 years with 16 of them being from the mesh and the on i am having now is the same.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.