Surgical Mesh Compensation Claims

Surgical mesh implants are medical devices designed to treat hernias and gynaecological problems. Their primary purpose is to strengthen damaged muscles and tissues, and mesh implants come in various shapes and materials.

Most hernia meshes use synthetical materials, while gynaecological mesh implants are usually made from biological materials or synthetic polypropylene. It’s also known as transvaginal tape (TVT).

Due to safety concerns, the number of surgical mesh procedures has decreased since 2018—the main reason for this due to the potential long-term complications of vaginal mesh implants (BAUS).

While vaginal mesh was suspended in 2018, the NHS recommended its usage when all other avenues have been explored.

If you experienced complications or injuries during or after your mesh implant surgery, you have a right to claim compensation. However, your solicitor will need to prove that the hospital or surgeon was negligent and didn’t follow through on their duty of care.

The first step in any compensation claim is to determine your eligibility. Calling 0800 234 6438 or using the online form gives you access to free legal advice. If the advisor feels your claim will be successful, they’ll put you in touch with a solicitor who will work on a conditional fee agreement basis.

Your compensation amount depends on the type of surgical mesh implant you had and how it’s impacted your life. As with all personal injury claims, there are two components your solicitor will look at when determining how much compensation you should receive:

1. General Damages: The post-operative complication/injury itself, along with any loss or amenity and pain and suffering, falls under the general damages component. For example, some people might experience minor pain, while others have chronic pain and require revision surgery.
2. Special Damages: Any expenses associated with your injuries fall under the special damages category. For example, private medical care, travel expenses, lost earnings, home adaptations and anything else can increase your compensation amount.

While a compensation calculator can give you a general idea of how much you can claim, every case differs. Speaking to a solicitor who’s highly experienced in hernias and vaginal mesh claims is the best way to get an accurate estimate of your potential compensation.

The following estimated figures are based on previous cases. The amount you receive might be higher or lower based on your individual circumstances.

In most cases, you’ll file a GP or hospital negligence claim, so the NHS Resolution Service will pay your compensation. If you received treatment with a private surgeon, their insurance provider will handle your claim.

When claiming compensation for negligent hernia or vaginal mesh surgery, you’ll need evidence to prove that the healthcare providers or manufacturers were at fault. Your solicitor will gather evidence on your behalf, but you can speed up the claim by collecting evidence supporting your case.

The following types of evidence are instrumental in securing compensation:

• Witnesses: Testimony from any witnesses to the surgery or your post-operative care is invaluable, as they provide detailed accounts of your complications and the impact they have on your life.
• Medical Records: Your solicitor will ask for access to your medical records, as they provide written proof of any hospital and GP appointments and information about your treatment. These records ensure your solicitor can demonstrate negligence and ensure you get a suitable payment.
• Independent Assessments: Your solicitor and the negligent party’s representatives might ask you to attend an independent medical assessment. An expert will review your complications, assess how they impact your life and create a report.
• Expenses: Any expenses associated with surgical mesh implant complications should also form part of your claim. For example, any medical care lost earnings, travel expenses, and other costs can ensure you receive a higher payment.

When a healthcare professional fails to correctly diagnose you with a hernia or gynaecological condition, it counts as clinical negligence, and you have a right to receive compensation.

Every medical professional has a duty to assess your symptoms, diagnose you, and choose the best course of treatment.

So, when they diagnose the wrong condition or miss it altogether, you can make a hernia or vaginal mesh claim.

There’s no set timeframe for these claims, as each case is different. If your case is relatively straightforward and both parties are willing to negotiate, it can settle within a few months. Some compensation claims take longer, especially if the negligent party hasn’t admitted liability.

A no win no fee solicitor with experience in medical negligence claims will keep you informed throughout the entire process and offer advice on whether court proceedings are the best course of action.

If you’re a victim of negligence from a mesh implant surgery and can prove the healthcare provider or mesh manufacturer was at fault, you have every right to make a no win no fee compensation claim.

Opting for a conditional fee agreement claim means you won’t need to worry about paying any outright costs, as the solicitor doesn’t receive their fees unless your claim is successful. No win no fee claims come with no financial risks involved and solicitors will only take on your case if they think you’ll receive compensation.

If you’d like to see whether you can make a no win no fee surgical mesh claim, please use the online form or call 0800 234 6438 for free legal advice.

There are two main types of surgical mesh, and each is used to treat different conditions:

A vaginal mesh implant can treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP).

Depending on the condition it’s treating, the vaginal mesh implant will either be inserted by the surgeon making a small incision in the lower abdomen or through the vagina (also known as transvaginal mesh implants).

Today, most surgeons will avoid vaginal meshes in favour of other treatments when possible.

When someone suffers a hernia, their muscles weaken. While some surgeons will perform non-implant procedures, inserting a hernia mesh strengthens the abdominal wall and prevents the hernia from reappearing.

The specialist might use absorbable mesh for minor hernias, which slowly disappear as the body produces new tissue, or non-absorbable mesh, which is fixed.

While hernia mesh surgery is still a popular option, there are some risks associated with the procedure.

There are some distinct risks associated with surgical mesh implants, and your surgeon should make you aware of them:

• Infections: Mesh implants can cause infections in the surgical site, leading to chronic pain and the need for antibiotics. In serious cases, the specialist might need to remove the mesh altogether.
• Chronic Pain: Inflammation of the surgical site should gradually decrease as you recover, but nerve damage during the procedure can lead to ongoing pain and discomfort.
• Organ Damage: If your surgeon makes an error during the procedure, it could cause damage to the surrounding organs.
• Erosion/Extrusion: Mesh implants can sometimes wear down nearby organs and tissue, causing them to erode. This often causes severe pain and often requires revision surgery.
• Obstruction and Migration: If a mesh implant is placed near the bowel, it can result in intestinal obstructions. Some meshes might also move out of place, causing the hernia or gynaecological condition to return and potentially damaging nearby organs.

According to the BMJ, the number of people who experienced complications from a hernia mesh in 2018 ranged from 12% to 30%. A 2018 article from The Guardian also revealed that 1 in 15 women with vaginal meshes would need them surgically removed.

The Patient Safety Commissioner estimates that a minimum of 10,000 women have experienced complications from their vaginal mesh implant. While there’s little research to conclusively say how often injuries happen, these statistics show they’re not as rare as you’d think.

Surgical mesh surgery can be risky, and there’s always room for error. Medical negligence is when a doctor fails in their duty of care to patients.

So, even if you’re aware of all the risks and still want to proceed with the surgery, the following examples of medical negligence mean you should still be able to make a claim:

• Not obtaining informed consent (failing to warn patients of the potential risks and complications).
• Failing to conduct a proper risk assessment and evaluate the patient’s medical history.
• Dismissing the patient’s concerns and questions.
• Using defective meshes or materials that don’t work.
• Not providing optimal post-operative care.
• Causing damage during the initial surgery or a revision surgery.

The time limit for surgical mesh implant compensation is three years from your complication or injury date. For example, if you suffer complications during the procedure but they aren’t diagnosed until six months later, you should be able to claim for up to three years from that date.

As these compensation cases can take a while to settle, it’s best to start your compensation claim immediately.