Transvaginal Mesh Lawsuit in Illinois - Free Case Review | People's Justice

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Filing Venue

Where to File in Illinois

Transvaginal mesh litigation is the largest MDL consolidation in U.S. history. Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia (Charleston) presided over multiple coordinated MDLs simultaneously, including Ethicon MDL 2327, Bard MDL 2187, Boston Scientific MDL 2326, AMS MDL 2325, Coloplast MDL 2387, and Neomedic MDL 2737—encompassing more than 100,000 plaintiffs at peak. Cases involved surgical mesh implanted for pelvic organ prolapse (POP) and stress urinary incontinence (SUI), with injuries including mesh erosion/extrusion, chronic pelvic pain, dyspareunia, infection, and the need for painful revision surgery.

Current filing status: The majority of the S.D. West Virginia MDLs have been resolved through global settlement programs. Johnson & Johnson/Ethicon and C.R. Bard each paid billions of dollars to resolve tens of thousands of claims. The FDA ordered most transvaginal mesh manufacturers to halt sales of POP products in 2019. While large-scale wave discovery has ended for most MDL dockets, individual cases and bellwether trials continue, and new complaints are still being accepted for plaintiffs with recent complication diagnoses or who have not yet joined a prior settlement.

Statute of limitations in Illinois: 2 years from discovery (735 ILCS 5/13-202); Illinois discovery rule tolls SoL until plaintiff knew or should have known of injury The discovery rule is critical in mesh cases because complications—including mesh erosion and chronic pain—often appear years after implantation. Plaintiffs who received a mesh device a decade ago but were only recently diagnosed with a complication may still have a viable claim. An attorney should evaluate your specific implant date and diagnosis date immediately, as filing deadlines can expire without warning.

Key defendants still accepting cases: Boston Scientific (MDL 2326 ongoing resolution), Coloplast (MDL 2387), and Neomedic (MDL 2737) continue to process claims. If your mesh was manufactured by one of these companies, or if you were implanted with a device from J&J/Ethicon or Bard and did not participate in a prior settlement, you may still qualify. Injured patients in Illinois should contact a qualified mesh attorney without delay to assess eligibility before state deadlines expire.

FAQ

Frequently Asked Questions

Yes — in most cases. The discovery rule means the filing deadline does not start until you knew or reasonably should have known that your mesh device caused your injuries. Many women were implanted between 2008 and 2015 but only recently connected their chronic pain, erosion, or revision surgery to their mesh. Courts have consistently applied the discovery rule in mesh cases. Even if your implant was over a decade ago, you may still have an open window. Contact a mesh attorney immediately for a free case evaluation.

Case timelines vary significantly. Cases resolved through MDL global settlements were typically paid within 1–3 years of enrollment. Individual state court cases or remaining MDL remands may resolve through settlement within 12–24 months, or take 3–5 years if they proceed to trial. Given that most large MDLs have resolved, new cases today are more likely to proceed through individual litigation channels. Your attorney will provide a realistic timeline based on your specific case facts and jurisdiction.

Yes — an important distinction. Mesh used for pelvic organ prolapse (POP) repair placed transvaginally was ordered off the market by the FDA in 2019. Mesh used for stress urinary incontinence (SUI) — mid-urethral slings like Ethicon's TVT and TVT-O — remains on the market and is still being implanted. However, SUI mesh has its own documented complications and active litigation. Both POP mesh and SUI mesh injuries can form the basis of a lawsuit, but the regulatory and legal landscape differs somewhat between the two.

No. While the major federal MDLs were consolidated in the Southern District of West Virginia, you do not need to travel there. If your case is filed in federal court, pretrial proceedings may be coordinated, but trials occur in your home district. Many cases are also filed in state courts in the plaintiff's home state. You will likely never need to travel to West Virginia for your case.

The main defendants are Johnson & Johnson / Ethicon (Gynecare TVT, Prolift, Prosima), C.R. Bard / Becton Dickinson (Align, Avaulta, Ajust), Boston Scientific (Advantage, Obtryx, Uphold), and Endo International / AMS (MiniArc, Elevate, Perigee). Coloplast and Neomedic have also faced litigation. All have paid significant settlements. Ethicon cases historically command higher individual settlement values.

Settlement values vary widely based on injury severity. Women with mesh erosion managed without surgery have settled in the $50,000–$200,000 range. Cases requiring one revision surgery typically settle between $175,000 and $500,000. Cases involving multiple surgeries, permanent sexual dysfunction, or organ damage have settled or been awarded $400,000 to over $80 million at trial. The average payout across global MDL settlements ranged from approximately $38,750 to $62,667 per claimant depending on the defendant.

The FDA has taken its most decisive action against transvaginal mesh used for pelvic organ prolapse (POP). In April 2019, the FDA ordered all manufacturers to immediately stop selling and distributing POP mesh, stating manufacturers could not demonstrate the devices were safe and effective. The FDA had previously issued major safety warnings in 2008 and 2011, noting complications were 'not rare.' Mesh used for stress urinary incontinence (mid-urethral slings) remains on the market under heightened scrutiny.

Qualifying injuries include mesh erosion or exposure (mesh poking through vaginal tissue), chronic pelvic pain lasting more than 6 months, dyspareunia (painful intercourse), mesh contraction causing vaginal shortening, urinary retention or urgency, bladder or bowel perforation by mesh, recurrent infections, and the need for revision or removal surgery. Sexual dysfunction, nerve damage, and psychological harm from these physical injuries also support claims.

An MDL (Multidistrict Litigation) is a federal court procedure that consolidates thousands of similar lawsuits before one judge for coordinated pretrial proceedings. Six transvaginal mesh MDLs were consolidated before Judge Joseph Goodwin in the Southern District of West Virginia. Most of these MDLs resolved through global settlements. If you file today, your case may be assigned directly to federal court in your home district or handled through state court, depending on which defendant and which products are involved. An experienced mesh attorney will advise on the best filing strategy.

Yes. The cost of mesh removal or revision surgery — including surgical fees, hospital charges, anesthesia, and recovery care — is compensable as economic damages in a mesh lawsuit. Because full mesh removal is often impossible without catastrophic tissue damage, many women require multiple partial removal procedures over years. All documented medical expenses related to mesh complications and treatment are recoverable. Future medical costs, including anticipated revision surgeries, can also be claimed.

It depends on the terms of your prior settlement. Many global MDL settlements required plaintiffs to sign broad releases covering all claims against a specific defendant. However, if your prior settlement was with one defendant (e.g., AMS) and you have claims against a different manufacturer (e.g., Ethicon), you may be able to file a separate action. If your prior settlement covered only some claims or products, additional claims may remain. An attorney should review your settlement agreement before you assume your rights are exhausted.

Key evidence includes: (1) medical records documenting your mesh implantation procedure, including the device name, lot number, and manufacturer; (2) surgical reports from any revision or removal procedures; (3) imaging studies (MRI, ultrasound) showing mesh erosion or position; (4) records from your treating gynecologist, urogynecologist, or pelvic floor specialist; (5) pharmacy records for pain medications or antibiotics; (6) documentation of lost wages if employment was affected. Your attorney will help you gather these records. The device label or sticker placed in your chart at implantation is particularly valuable.

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