Transvaginal Mesh Litigation Funding

In November 2012, Case Funding Inc. was proud to be the exclusive sponsor of the American Association of Justice’s Trans Vaginal Mesh Litigation group. Once hailed for its ability to treat women suffering from pelvic or bladder prolapse or related conditions, polypropylene and polyester mesh has since been associated with a host of serious medical complications.

Despite some 200,000 lawsuits, TVM products remain on the market and are being implanted in women at an estimated rate of 300,000 a year.  In Aug. 2012, the nation’s first TVM jury verdict awarded $5 million to a California woman and $500,000 to her husband.

Case Funding Inc. provides TVM litigation funding to attorneys and law firms nationwide. CFI makes available to AAJ members our extensive experience in financing complex litigation.  Whether it’s working capital, or funding for expert witnesses, trial exhibits or marketing expenses, Case Funding can assist you in meeting your financial goals. We also provide plaintiff advances and medical funding alternatives to clients who need medical attention but lack health insurance.

About Transvaginal Mesh

  • Initially marketed in the late 1990s, TVM products were supposed to help fix pelvic organ prolapse or stress urinary incontinence.
  • Medical complications include serious infections, erosion of the vaginal wall, frequent pain during sex or urination and perforation of the bladder or bowel..
  • Despite mounting evidence of serious medical complications, few recalls have occurred.  In some cases, manufacturers like Johnson & Johnson have stopped manufacturing transvaginal mesh because of the cost of ongoing litigation.

MDLs and TVM Case Funding Solutions

Through our partnership with Medport Billing, LLC., Case Funding provides medical guidance and expertise to lawyers handling cases that involve complex medical issues.

Attorneys continue to sign these cases at a record rate, even as dangerous TVM products are still being identified. A sixth multidistrict litigation for TVM was established in 2012 for Coloplast, an international manufacturer and marketer of medical products.  Four other MDLs are consolidated in Charleston, West Virginia and a fifth in the U.S. District Court for the Middle District of Georgia. Filing an action in an MDL allows each plaintiff to receive an individual award, depending on the extent of injury. Unlike class actions, plaintiffs do not lose individuality by pursuing an MDL claim.

As medical device makers continue to dedicate resources to defend litigation, it’s critical that law firms, large and small, have access to the working capital necessary to build these cases for the courtroom.  Case Funding Inc. is dedicated to providing the financing necessary to ensure cash flow issues never force law firms to settle cases for less than a client deserves.

The U.S. Food & Drug Administration first took action against transvaginal mesh in 2008, issuing a warning about possible complications it considered rare. However, reports of injury continued amid a five-fold increase in the number of reported side effects associated with transvaginal mesh.

By 2010, more than 300,000 women a year were undergoing TVM implant. In all, some 200,000 women are now involved in transvaginal mesh litigation and year-end news brought the prospect of more vicitms: In November 2012 transvaginal mesh manufactured by Boston Scientific became the latest product to come under scrutiny.  Other TVM manufacturers involved in litigation include American Medical Systems, Bard and Johnson & Johnson.

In fact, FDA rules allow proposed medical devices that are substantially similar to FDA-approved devices to make it to market without clinical trials or human testing. Thus, consumer advocates contend the rush to get TVM products to market means substantially all of the TVM devices used in operating rooms nationwide are modeled after the initially recalled product.

By 2011, the FDA had taken the rare step of revising itself, saying medical problems associated with TVM are not “rare,” and that there is no evidence that TVM even repairs pelvic organ prolapse.

Loans for Law Firms and Client TVM Medical Expenses

For victims, the road to recovery may be long. In many cases, multiple surgeries are required to remove the mesh and address the associated health problems a client is experiencing.

As an industry leading medical-finance company, Case Funding Inc. provides funding for medical procedures sought by TVM patients pursuing injury claims. CFI also purchases from medical providers personal injury account receivables generated with liens/letters of protection (LOPs) as well as LOP portfolios.

Case Funding Inc. is a division of the Chesswood Group, a public company listed on the Toronto Stock Exchange (CHW.TO) and is a founding member of ALFA – the American Legal Finance Association.  With offices in New York, New Jersey, Nevada, California, Illinois and Delaware, Case Funding offers financial solutions to attorneys and law firms nationwide.

Case Funding – “The Legal Finance Specialists” (800) 543-4043.

Proud Sponsor of The American Association for Justice (AAJ)