Vaginal mesh negligence claims

If you've suffered complications following a vaginal mesh implant, contact us to find out if you have grounds to make a medical negligence claim.

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Vaginal Mesh Claims

A vaginal mesh is a medical device used to treat stress urinary incontinence and pelvic organ prolapse. While this procedure can lead to various complications, most of them are relatively minor.

In some cases, however, complications from this procedure can be severe and life-changing for some women. Examples include incontinence, perforation, long-term pain, infections, bleeding or discharge.

If you or a loved one suffered any complications following this procedure, you may be eligible to make a vaginal mesh claim. An experienced solicitor will be able to determine whether the harm you incurred was due to clinical negligence and, if so, how much compensation you may be entitled to for your pain and suffering.

For a free case assessment, contact us by calling free on 0800 470 0472. Alternatively, you can enter your details into our online claim form to request a call back.

Key points about vaginal mesh claims

Eligibility: You may be able to claim if a vaginal mesh implant caused pain, complications, or the need for further surgery.
Medical Negligence: Claims often involve failure to explain risks, surgical errors, or lack of consent for mesh procedures.
Time Limit: You generally have 3 years from the date of injury or when you became aware of the issue.
Compensation: Could cover physical suffering, emotional trauma, corrective treatment, and financial losses.
No Win, No Fee: Your solicitor will provide a no win, no fee service, so you only pay them a fee if your claim is successful.

Table of Contents

What is a vaginal mesh?

A vaginal mesh, also known as a transvaginal mesh or pelvic mesh, is a type of medical device made of a synthetic or biological material. Similar to a transvaginal tape (TVT), it is mainly used to treat stress urinary incontinence (SUI). However, unlike TVT, it can also be used in pelvic organ prolapse (POP). These conditions are described below:

Stress urinary incontinence occurs when the tissues around the bladder weaken. Urine can leak during actions like sneezing, coughing, or exercising. The mesh can support the urethra and prevent leakage.
Pelvic organ prolapse occurs when the pelvic floor muscles or ligaments weaken, causing organs such as the bladder, rectum or uterus to drop from their normal position. A vaginal mesh can help keep these organs in place.

There are several types of vaginal mesh implants, which can be described as tapes, slings or ribbons which come in various sizes. They are typically made of polypropylene, but some of them can also include a biological component designed to be absorbed by the body over time.

What could go wrong with a vaginal mesh implant?

Unfortunately, some vaginal mesh implants are not successful and can give rise to serious complications. These issues can arise for various reasons, and negligent medical care is one of them.

Some of the most common problems following vaginal mesh surgeries include:

Persistent pain in the pelvic region or lower back
Mesh erosion through the vaginal wall or nearby organs
Pain and discomfort during intercourse
Recurrent infections causing swelling, pain, fever and discharge
Perforation of nearby organs such as the bladder, bowel or urethra
Difficulty urinating or blood in urine
Mesh shrinkage or tightening, leading to tension and discomfort
Recurrent or new bowel symptoms, such as constipation
Blood clots and nerve trauma
Difficulty or inability to walk

If you have suffered an injury following a vaginal mesh procedure, you may be eligible to make a medical negligence claim. For further information, you can read the NHS guidance on vaginal mesh implants.

Can I make a vaginal mesh claim?

Yes, you could be eligible to make a claim for compensation if you suffered harm as a result of vaginal mesh injuries caused by negligent treatment or a defective product. The easiest way to determine whether your case has merit is through a free consultation with a medical negligence solicitor.

During the personal injury claims process, your solicitor will examine the available evidence to see if the following elements can be proven:

A duty of care. All healthcare professionals, including urologists and gynaecologists, have a legal duty towards patients. They must provide a reasonable standard of care, possess the skills and knowledge expected of a specialist in their position, and have regard to relevant guidance such as that from the National Institute for Health and Care Excellence (NICE).
A breach of duty. To prove this, you would usually need to establish that those treating you acted in a way that no reasonable body of specialists in the same field would have done, taking into account relevant clinical guidelines such as those issued by NICE. Examples include using a defective mesh product, causing avoidable nerve damage during surgery or failing to explain the material risks associated with mesh implants and reasonable alternatives.
Causation. To prove causation, you must be able to show on a balance of probabilities that the breach of duty led to your injuries. For example, you would have refused the intervention if you had been given all the necessary information.
Damages. You must also be able to prove that you incurred pain, suffering and other losses as a result of the negligence.

You may also have a product liability claim if the mesh used in your surgery had design defects or was made from substandard materials. Several manufacturers have been involved in mesh injury claims, including Bard, Boston Scientific and Johnson & Johnson.

Examples of negligence that could lead to a vaginal mesh injury

Various types of negligence could lead to a vaginal mesh compensation claim, including:

Failure to inform you about the risks, benefits and alternatives to surgical mesh implants and, therefore, obtain your informed consent;
Errors during surgery, such as incorrect positioning of the mesh, damage to nerves or nearby organs and excessive bleeding;
Not taking your medical history, conditions, or suitability for the procedure into account before the surgery;
Failure to recognise or treat post-surgical complications, causing avoidable pain and suffering;
Inadequate training and supervision of surgeons and medical staff that have performed the intervention;
Delaying or refusing to perform corrective surgery to address issues caused by the mesh implant;
Leaving parts of a defective mesh inside the body during revision surgery;
Designing or producing a mesh that is defective or made from substandard materials;
Using a mesh that is expired, substandard or did not go through adequate testing to ensure its safety and effectiveness.

If you have suffered complications following vaginal mesh surgery as a result of negligent treatment or a defective mesh product, you may be entitled to compensation for your pain, suffering and any related financial costs.

Yes, you may still make a vaginal mesh claim even if you gave informed consent before the procedure. Signing a consent form does not absolve healthcare providers of their duty of care to provide a reasonable standard of care. Thus, you may still qualify for compensation if:

Your doctor did not explain all potential risks and complications accurately;
The risks were minimised;
You were not offered any alternatives to vaginal mesh surgery;
The medical staff made errors during surgery or used an outdated technique;
Your healthcare provider failed to monitor your recovery and address complications;
The vaginal mesh was defective or expired;
You were a poor candidate for surgery, and this was overlooked.

If you suffered avoidable harm due to negligent care, a medical negligence claims solicitor may be able to help you seek compensation even if you signed a waiver or gave informed consent for your mesh implant.

Can I make a medical negligence claim against the NHS?

The National Health Service (NHS) offers a high standard of care, and most vaginal mesh or TVT implants are carried out successfully. However, as mentioned above, various types of negligence can lead to vaginal mesh problems for which you could claim compensation from the NHS.

NHS Resolution, which is part of the Department of Health and Social Care that handles negligence cases against the NHS, will investigate your claim. If liability is accepted, they will offer you a settlement. If they dispute it, your solicitor will be ready to take your case to court. This is rarely the case, as more than 96% of claims for personal injury are settled without a trial.

Similarly, you may also be able to make a claim against a private healthcare provider. According to the General Medical Council (GMC), all doctors practising in the UK must have adequate and appropriate insurance or indemnity arrangements in place to cover potential claims. If your vaginal mesh lawsuit is successful, their insurer will cover your compensation, so your doctor will not be left out of pocket.

Evidence needed to support a vaginal mesh compensation claim

If a personal injury lawyer takes on your case, they will need various types of evidence to secure the maximum amount of compensation you are entitled to. This could include:

Copies of your pre-surgery consultations that prove your doctor has discussed with you the risks, benefits and alternatives to the mesh procedure;
A copy of a signed consent form that will show whether you gave your informed consent;
Details about how the procedure was performed and the follow-up care you received;
Records of symptoms and diagnostic tests that prove the complications you experienced;
A report from a medical expert that will confirm whether the care you received was negligent and its impact on your life;
Statements from witnesses such as friends or family members who saw how the complications have affected your life;
Reports from therapists or psychologists if you suffered a mental health issue such as anxiety or depression;
Information about the specific type of mesh used, including manufacturer details;
Copies of any complaints or correspondence with the hospital or your healthcare provider about your treatment or concerns;
If relevant, photographs that show visible scars or injuries resulting from the negligent mesh surgery;
You also need proof of related financial losses and expenses, such as counselling, corrective surgeries, loss of earnings and care costs.

What is the time limit to make a claim for mesh surgery negligence?

As with most personal injury claims, the time limit to make a mesh claim is set by the Limitation Act 1980 and is typically three years. This time limit will start from one of the following dates:

The date of your surgery;
The date you became aware that you suffered an injury due to medical negligence (date of knowledge).

We would advise you not to delay seeking legal advice if you have suffered a mesh injury. If you are eligible for compensation, the sooner you start legal proceedings, the easier it will be to gather evidence and build a strong case against your healthcare provider.

It is worth mentioning that the claim limitation date is suspended if the injured party lacks mental capacity and cannot handle a claim themselves. In this case, a litigation friend could typically claim on their behalf even years after they have sustained the injury.

How much compensation can I claim for vaginal mesh complications?

There is no set compensation amount for injuries and complications caused by negligent mesh surgery. Your solicitor will calculate how much you are entitled to receive based on two types of damages that will be included in your payment.

General damages cover the pain, suffering and loss of amenities incurred due to your injuries. Special damages cover the related financial losses and expenses.

If you win your claim, your compensation award could cover:

Physical and emotional pain
Scarring
Physical and mental disability
Reduced quality of life
Loss of companionship
Loss of ability to engage in hobbies and activities you used to enjoy
Cost of private treatments and prescriptions
Care and assistance during recovery
Loss of earnings and earning capacity
Other costs and expenses you incurred due to the negligent care

Special damages are calculated based on evidence, such as medical bills and invoices. General damages, on the other hand, are based on the guidelines from the Judicial College (18th Edition). According to their recommendations and your specific circumstances, you could receive:

Injury Type	Description	Compensation
Bladder Injuries	Total loss of bowel and bladder function and control	Up to £243,000
	Serious impairment of bladder control with some pain and incontinence	£85,000 - £106,000
Female Reproductive System	Likely permanent sexual dysfunction where the injured person has children or would not have had children	£57,000 - £135,000
Bowel Injuries	An abdominal injury resulting in impaired function	£59,000 - £92,000
Other Pain Disorders	Severe pain disorder with ongoing symptoms despite treatment, affecting work and requiring care or assistance	£56,000 - £83,000

Will I have to go to court to claim compensation?

Based on NHS Resolution reports, it is highly unlikely that your claim will end up in court. For example, out of 15,674 medical negligence claims they settled in 2020/21, only 56 (0.3%) were settled before a judge. The vast majority were resolved through negotiations.

Some examples of situations that may increase the chances of your claim going to court include:

The defendant denies liability for your injuries
The other party is unresponsive or slow to respond
You cannot agree on a compensation award
You want to apply for interim payments

In the unlikely event that your case goes to court, you have no reason to be worried. Claims for personal injuries are heard without a jury, and your solicitor will be there to support you every step of the way.

Is it expensive to hire a medical negligence solicitor?

If you have a valid claim, starting legal proceedings will not cost you a penny. One of the solicitors we work with will offer you a no win no fee agreement, which means that you do not have to pay them anything upfront or if your case is unsuccessful.

Under this agreement, you only pay your solicitor a success fee if you receive compensation. This fee is agreed upon from the beginning, and it cannot exceed 25% of certain parts of your compensation.

To find out if you can make a claim for vaginal mesh negligence, use our contact form to request a call back or call free on 0800 470 0472 at your earliest convenience.