Endo Health Solutions To Settle Certain Transvaginal Mesh Claims

FORT LAUDERDALE, Fla. - June 26, 2013 - PRLog -- Endo’s American Medical Systems Inc., has agreed to pay $54.4 million to settle a portion of the thousands of pending lawsuits against it based upon its transvaginal mesh products including the Perigee, Apogee and Elevate implants. The company announced the settlement within a regulatory filing with the U.S. Securities and Exchange Commission on Thursday.  Endo acquired AMS for $2.9 billion in 2011. The company did not admit any liability resulting in the settlement, not did it disclose how many cases would be covered by the initial settlement.  According to a previous SEC filing, AMS estimated its potential liability to be at least $160 million.  

      This settlement does not affect the majority of approximately 5,000 vaginal mesh claims filed against AMS that are pending in the U.S.District Court for the Southern District of West Virginia. The Honorable Judge Joseph R. Goodwin has been assigned to handle the litigation involving the following defendants: American Medical Systems, Inc. (MDL No. 2325), Boston Scientific Corp. (MDL No. 2326), C.R. Bard, Inc., (MDL No. 2187), Ethicon, Inc. (MDL No. 2327) and Coloplast (MDL No. 2387).  The first federal trial of an AMS case is set for December, according to court filings.

Data submitted to the FDA disclosed that in 2010 nearly 100,000 women underwent surgery for pelvic organ prolapse using a mesh product and over 200,000 women had surgery for stress urinary incontinence utilizing transvaginal mesh An August 2011 FDA report found vaginal-mesh products should be classified as high risk to patients based upon reports from January 2008 to December 2010 disclosing the severe side effects. Women’s groups are demanding that the devices be recalled.  In 2012, the FDA ordered AMS and other transvaginal mesh manufacturers to conduct post-market safety studies and monitor the rate in which adverse events were reported for three years.  Endo is one of four companies who face over 29,000 claims by women who were injured by the vaginal implants.  Only two transvaginal mesh cases have been tried to date. A California jury found Bard liable for $3.6 million damages for injuries caused by its Avaulta Plus vaginal implant and an Atlantic City jury found Johnson & Johnson and its Ethicon unit liable for more than $11 million in compensatory and punitive damages based on injuries caused by the Gynecare Prolift.

AMS’s settlement resolves only a portion of the pending transvaginal mesh claims filed against it. There has been no universal settlement and the cases continue to be prepared for trial. Ennis & Ennis, P.A. continues to offer free, nationwide, confidential consultations to anyone who was injured by a transvaginal mesh device including, but not limited to Ethicon’s’ Prolift, Boston Scientific’s Pinnacle and Uphold, American Medical Systems’ Elevate, Apogee and Perigee, C.R. Bard’s Avaulta and Pelvilace products, Caldera Medical’s Ascend, and other products manufactured by Mentor and Tyco Covidien by calling toll free 1-800-856-6405 or by going to www.ennislaw.com and completing an online case evaluation form.