Reply To: Big picture – Litigation – Perfix plug
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Here’s a new summary of the mesh litigation situation. It shows how they’ve simplified things down to where the issues can be presented to the general public. Simple explanations, some probably not quite right.
It’s hard to predict how this will all play out. Comparing the mesh MDL’s to a suit like the 3M earplug suit, you can imagine that 3M will fix the flaw in their ear plugs, pay the settlements, and everyone will move on. The damage has been remedied for the plaintiffs and the bad product is removed from the market.
These mesh suits seem more complex though. People who have learned about and followed the mesh problems probably know that there is no simple “fix” that will allow the repair industry to keep using mesh without injuring more people. The 10-15% injury rate seems well-supported over many studies. One possibility is that the defendants agree to pay for more research to understand the source of the damage to the patients. Since they probably already know some of the reasons (there has to be experts that have told them) it seems possible that new products could be developed, but they will have to go through actual product testing trials instead of the inexpensive 510(k) process. What will they do in the meantime though? Maybe surgeons will do more pure tissue repairs? Create a registry to identify the truly bad products and procedures so that they can save some of the overall business from litigation? Who knows. It will probably take years though.