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Transvaginal Mesh (also referred to as pelvic mesh, vaginal mesh, a “hammock,” or a “sling”) is used to treat pelvic organ prolapse (“POP”) and stress urinary incontinence (“SUI”) in women. It is associated with the development of a number of side effects including mesh erosion through the vaginal wall, infection, pain, urinary problems, recurrence of prolapsed and/or incontinence, bladder perforation, vaginal scarring, pain during sexual intercourse, and other problems which may lead to a significant decrease in quality of life due to discomfort and pain.

Siskinds commenced several different class actions regarding transvaginal mesh. Each class action involves the products of a different manufacturer (and related companies). The class actions are:

  • American Medical Systems (or AMS) Class Action
  • Boston Scientific (or BSC) Class Action
  • Coloplast Class Action
  • Covidien Class Action
  • Johnson & Johnson (or Ethicon) Class Action

You can find information on each of these actions under the Developments section below.

If you (or a woman you know) were implanted with a transvaginal mesh product from one of these manufacturers, you (or she) may be impacted by the class action against that manufacturer and we encourage you to read the section about that class action below.

Implantation of Transvaginal Mesh is Associated with Serious Side Effects and Complications

On February 10, 2010, Health Canada issued a Notice to Hospitals relaying reports of various intraoperative and postoperative complications associated with the use of surgical mesh to treat SUI and POP. On May 13, 2014, Health Canada issued a second notice, this time advising that “although many women treated with these devices have had good outcomes, Health Canada continues to receive reports of complications, including some serious and life-altering events, associated with the use of these surgical devices.” Regardless of the device in question, the use of transvaginal surgical mesh has been associated with severe side-effects.

CTV Story on Transvaginal Mesh

The class actions relate to allegations that the defendants failed to adequately warn patients and physicians that use of transvaginal mesh increases the risk of serious injuries and complications.

Are You Eligible for Compensation?

Siskinds represents women in Canada who have had a transvaginal mesh implant to treat SUI or POP.

If you are interested in consulting with our transvaginal mesh litigation team, please obtain your product identification (the manufacturer of your implant) and your mesh related operative reports before contacting our office for assistance.  This information can be obtained by contacting either your implanting surgeon, or the hospital where the mesh was implanted as well as the hospital where the removal or revision procedure was performed if it was at a different hospital. We require information about what mesh product you have and any removal or revision procedures you have undergone in order to determine whether we can assist you with resolution of your claim. Please email us or call us, toll-free, at 1-800-461-6166.

Manufacturer Deadline
American Medical Systems Supplemental Claims Period ends July 27, 2022.
Boston Scientific Initial Claims Period ends January 18, 2021.
Coloplast Deadline is now expired, we will not be able to assist you if you have a Coloplast transvaginal mesh.
Covidien Deadline is now expired, we will not be able to assist you if you have a Covidien transvaginal mesh.
Johnson & Johnson September 27, 2020 (The discontinuance took effect, and any tolling effect on applicable limitation periods ceased, on August 28, 2020).

Developments

American Medical Systems (AMS) Class Action

A Canada-wide settlement has been reached and approved on October 4, 2019 to resolve litigation against American Medical Systems Canada Inc., American Medical Systems Inc., and Endo Pharmaceuticals (“AMS”). The Initial Claims Deadline passed on July 27, 2020. However, 20% of the net settlements funds have been reserved for a second round of claims. A second claims filing period will run in the near future, with a Supplemental Claims Deadline of July 27, 2022. If you were implanted with an AMS women’s pelvic mesh device(s) for treatment of Stress Urinary Incontinence (SUI) and/or for treatment of Pelvic Organ Prolapse (POP), you may be entitled to compensation. A copy of the Long Form Hearing Notice is available by clicking here and a copy of the Claim Form is available by clicking here.

For more information, please visit www.amsmeshclassactions.ca

Boston Scientific (BSC) Class Action

A Canada-wide settlement has been reached and approved on June 12, 2020 to resolve litigation against Boston Scientific Ltd. and Boston Scientific Corporation (“BSC”). If you were implanted with a BSC transvaginal mesh device(s) for treatment of Stress Urinary Incontinence (SUI) and/or for treatment of Pelvic Organ Prolapse (POP), you may be entitled to compensation. To be eligible to obtain compensation under the Settlement you must file a Claim Form and medical evidence with the Claims Administrator on or before the Initial Claims Deadline of January 18, 2021 or the Supplemental Claims Deadline of January 18, 2023. A copy of the Long Form Hearing Notice is available by clicking here and a copy of the Claim Form is available by clicking here.

For more information, please visit canadabscmeshclassaction.com

Coloplast Class Action

The class action commenced against Coloplast Canada Corporation was discontinued on July 15, 2016. Although Coloplast denies liability, it agreed to attempt to settle certain claims on an individual basis. It considered the settlement of individual claims of which it was given notice by Siskinds until November 14, 2016.

For more information, you should view the Notice of Discontinuance or contact us at 800-461-6166.

Covidien Class Action

The class action commenced against Covidien was discontinued on January 24, 2020. Although Covidien denies liability, it agreed to attempt to settle certain claims on an individual basis. It considered the settlement of individual claims of which it was given notice by Siskinds until May 25, 2020.

For more information, you should view the Notice of Discontinuance or contact us at 800-461-6166.

Johnson & Johnson (Ethicon) Class Action

The Class Action against Johnson & Johnson and related companies (“Ethicon”) has been discontinued and will not be proceeding. The discontinuance will be effective on August 28, 2020. Although Ethicon denies liability, it will continue to consider the settlement of certain eligible individual claims of which it is given notice until September 27, 2020.

Please click here for the legal notice [English] [French] and for more detailed information and to understand how the discontinuance impacts your legal rights.

FAQs

What is a Class Action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the transvaginal mesh class action?

You are affected by the class action and are a “member” of the class if you have a transvaginal mesh implant manufactured by: Johnson & Johnson, American Medical Systems and Boston Scientific. If you believe you have a transvaginal mesh manufactured by a company other than the ones listed here, please contact us for more information.

I have a mesh implant, but I don’t know the manufacturer. Can I still participate in the class action?

Siskinds has commenced actions against several manufacturers of transvaginal mesh, and is investigating others. If you have a transvaginal mesh implant but are unsure of the manufacturer, Siskinds can help you determine which class action you are a part of. Contact us or fill out the form on the right for more information about how Siskinds can help.

I had a removal procedure and no longer have a mesh implant. Can I still take part in the class action?

You are still a member of the class if you have had a transvaginal mesh implant manufactured by one of the Defendants but have since had a removal procedure. Contact us for more information.

I had one manufacturer’s mesh removed and a second mesh implanted that was manufactured by a different company. Which class action do I belong to?

If you have had more than one transvaginal mesh implant manufactured by different companies, you may be a class member in more than one class action. Contact us or fill out the form at the bottom of this page for more information about how Siskinds can help.

I have a polypropylene mesh implant, but it was implanted abdominally. Am I a member of the class?

While the litigation focuses on the implantation of the mesh through the vagina, individuals with an abdominally placed mesh used to treat pelvic organ prolapse may wish to contact class counsel to receive updates as the litigation progresses. Hernia meshes are not included in the proposed Transvaginal mesh class proceeding. If you received a Hernia mesh please click here.

I have a polypropylene mesh implant, should I have it removed?

Health care decisions must be made in consultation with your treating physician and/or other health care providers. Siskinds cannot make recommendations with respect to the best treatment option for you.

Will my involvement in the class action have an impact on my treating physician?

The class proceedings involve allegations against the manufacturers of transvaginal mesh and do not involve allegations against any doctors, staff or facilities.

My mesh implant surgery was several years ago. Is it too late for me to take part in a class proceeding?

Even if you have had your mesh implant for some time, you may still be a class member. Contact Siskinds for more information.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, receipts, etc.
  1. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  1. If possible, keep a journal of symptoms and note down any times when you or family members are unable to attend work or school as a result of your symptoms.
  1. If you have not done so already, contact Siskinds so that we can contact your health care providers to obtain relevant medical records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding your transvaginal mesh implant and any injuries/symptoms you may have suffered from as a result, will be kept private and confidential.

I still have a question. Who should I contact?

If you have a question, please complete the form at the bottom of this page or call 1-800-461-6166.

American Medical Systems (AMS) Class Action

A Canada-wide settlement has been reached and approved on October 4, 2019 to resolve litigation against American Medical Systems Canada Inc., American Medical Systems Inc., and Endo Pharmaceuticals (“AMS”). The Initial Claims Deadline passed on July 27, 2020. However, 20% of the net settlements funds have been reserved for a second round of claims. A second claims filing period will run in the near future, with a Supplemental Claims Deadline of July 27, 2022. If you were implanted with an AMS women’s pelvic mesh device(s) for treatment of Stress Urinary Incontinence (SUI) and/or for treatment of Pelvic Organ Prolapse (POP), you may be entitled to compensation. A copy of the Long Form Hearing Notice is available by clicking here and a copy of the Claim Form is available by clicking here.

For more information, please visit www.amsmeshclassactions.ca

Boston Scientific (BSC) Class Action

A Canada-wide settlement has been reached and approved on June 12, 2020 to resolve litigation against Boston Scientific Ltd. and Boston Scientific Corporation (“BSC”). If you were implanted with a BSC transvaginal mesh device(s) for treatment of Stress Urinary Incontinence (SUI) and/or for treatment of Pelvic Organ Prolapse (POP), you may be entitled to compensation. To be eligible to obtain compensation under the Settlement you must file a Claim Form and medical evidence with the Claims Administrator on or before the Initial Claims Deadline of January 18, 2021 or the Supplemental Claims Deadline of January 18, 2023. A copy of the Long Form Hearing Notice is available by clicking here and a copy of the Claim Form is available by clicking here.

For more information, please visit canadabscmeshclassaction.com

Coloplast Class Action

The class action commenced against Coloplast Canada Corporation was discontinued on July 15, 2016. Although Coloplast denies liability, it agreed to attempt to settle certain claims on an individual basis. It considered the settlement of individual claims of which it was given notice by Siskinds until November 14, 2016.

For more information, you should view the Notice of Discontinuance or contact us at 800-461-6166.

Covidien Class Action

The class action commenced against Covidien was discontinued on January 24, 2020. Although Covidien denies liability, it agreed to attempt to settle certain claims on an individual basis. It considered the settlement of individual claims of which it was given notice by Siskinds until May 25, 2020.

For more information, you should view the Notice of Discontinuance or contact us at 800-461-6166.

Johnson & Johnson (Ethicon) Class Action

The Class Action against Johnson & Johnson and related companies (“Ethicon”) has been discontinued and will not be proceeding. The discontinuance will be effective on August 28, 2020. Although Ethicon denies liability, it will continue to consider the settlement of certain eligible individual claims of which it is given notice until September 27, 2020.

Please click here for the legal notice [English] [French] and for more detailed information and to understand how the discontinuance impacts your legal rights.

What is a Class Action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the transvaginal mesh class action?

You are affected by the class action and are a “member” of the class if you have a transvaginal mesh implant manufactured by: Johnson & Johnson, American Medical Systems and Boston Scientific. If you believe you have a transvaginal mesh manufactured by a company other than the ones listed here, please contact us for more information.

I have a mesh implant, but I don’t know the manufacturer. Can I still participate in the class action?

Siskinds has commenced actions against several manufacturers of transvaginal mesh, and is investigating others. If you have a transvaginal mesh implant but are unsure of the manufacturer, Siskinds can help you determine which class action you are a part of. Contact us or fill out the form on the right for more information about how Siskinds can help.

I had a removal procedure and no longer have a mesh implant. Can I still take part in the class action?

You are still a member of the class if you have had a transvaginal mesh implant manufactured by one of the Defendants but have since had a removal procedure. Contact us for more information.

I had one manufacturer’s mesh removed and a second mesh implanted that was manufactured by a different company. Which class action do I belong to?

If you have had more than one transvaginal mesh implant manufactured by different companies, you may be a class member in more than one class action. Contact us or fill out the form at the bottom of this page for more information about how Siskinds can help.

I have a polypropylene mesh implant, but it was implanted abdominally. Am I a member of the class?

While the litigation focuses on the implantation of the mesh through the vagina, individuals with an abdominally placed mesh used to treat pelvic organ prolapse may wish to contact class counsel to receive updates as the litigation progresses. Hernia meshes are not included in the proposed Transvaginal mesh class proceeding. If you received a Hernia mesh please click here.

I have a polypropylene mesh implant, should I have it removed?

Health care decisions must be made in consultation with your treating physician and/or other health care providers. Siskinds cannot make recommendations with respect to the best treatment option for you.

Will my involvement in the class action have an impact on my treating physician?

The class proceedings involve allegations against the manufacturers of transvaginal mesh and do not involve allegations against any doctors, staff or facilities.

My mesh implant surgery was several years ago. Is it too late for me to take part in a class proceeding?

Even if you have had your mesh implant for some time, you may still be a class member. Contact Siskinds for more information.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, receipts, etc.
  1. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  1. If possible, keep a journal of symptoms and note down any times when you or family members are unable to attend work or school as a result of your symptoms.
  1. If you have not done so already, contact Siskinds so that we can contact your health care providers to obtain relevant medical records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding your transvaginal mesh implant and any injuries/symptoms you may have suffered from as a result, will be kept private and confidential.

I still have a question. Who should I contact?

If you have a question, please complete the form at the bottom of this page or call 1-800-461-6166.