Compensation for pelvic mesh problems

You can claim for personal injury compensation for pelvic mesh problems, and it’s important to claim given the severity of the issues that can arise.

We’ve spent a number of years talking about pelvic mesh problems, and we’re now at a point where the number of people suffering complications appears to be increasing, and people are far more aware of the dangers now. Only recently did the NHS finally put a widespread pause on the procedure – news we welcome – after another review into the safety and the efficacy of the devices.

With some victims left unable to walk or work for the rest of their lives, claiming compensation for personal injury and losses is incredibly important.

Greater awareness of pelvic mesh problems and the recent pause on the procedure

We welcomed the recent news from last month about the NHS finally putting a widespread pause on the use of the procedure as a result of the review chaired by Baroness Julia Cumberlege that looked into the extent of pelvic mesh problems.

Given the horrifying results, the NHS listened to the initial findings of the review and agreed to stop mesh implant surgeries across the board, save for in special cases.

In our view, there’s a lot to consider when it comes to who is responsible for allowing these often lifelong and severe pelvic mesh problems to plague victims, but women should know that they have the right to make a claim for compensation.

Who is responsible for the severe pelvic mesh problems?

The responsibility for severe pelvic mesh problems is the first thing a victim needs to look at. It could be one of many things:

Defective transvaginal tape or transvaginal mesh;
The skill of the surgeon conducting the procedure;
The advice given about the severe consequences when things go wrong.

When the MHRA (Medicines and Healthcare products Regulatory Agency) back in 2012 suggested that the benefits of the procedure outweighed the risks, many victims were left alarmed. Eventually, NICE (The National Institute for Health and Care Excellence) produced a set of guidelines that Trusts should follow if they chose to carry out the procedure, and the skill of the surgeon and the quality of the advice were two key factors, although they eventually joined the growing list of organisations and experts calling for a complete ban on the procedures.

This is the major issue at the heart of the Sandwell and West Birmingham Hospital Group Action Claims. The surgeon, Dr Angamuthu Arunkalaivanan, must have failed to follow the NICE guidance because his own Trust has banned the procedure, meaning he could not have adhered to the guidelines which stated that clinical leads and heads need to be involved in the patient selection and patient advice process.

We’re involved in legal action against him and the Trust for women who have suffered pelvic mesh problems. In cases where the surgeon has caused the implant to fail, or where clear guidance and advice was not given to patients about the severe complications that can arise, victims may be eligible to claim for compensation.

List of pelvic mesh problems

Here’s a list of the sorts of pelvic mesh problems that victims who may be eligible to make a claim for compensation are suffering from:

Bleeding;
Incontinence;
Protrusion of the device that may require surgery to rectify;
Organ perforation (such as perforation of the bladder or bowel during the surgery);
Mesh implant device erosion;
Vaginal tissue erosion;
Infections;
Internal injuries;
Nerve damage which can cause pain and numbness;
impairment of the muscles and neuromuscular problems;
Pain:
Prolapsing;
Mobility problems;
Sexual function problems: pain (dyspareunia) during sexual intercourse

Some women have reported constant vaginal and abdominal pain that’s left them unable to work or even walk.