Can Lawsuit Funding Help Vaginal Mesh Plaintiffs?
Whether or not they’ve already sought lawsuit funding, vaginal mesh plaintiffs received some welcome news on January 14, 2016. Judge Gregory of the U.S. Court of Appeals for the Fourth Circuit upheld the damages awarded to Donna and Dan Cisson, whose vaginal mesh lawsuit was the first in a multidistrict litigation (MDL) to go to trial. The jury had awarded the plaintiffs $250,000 in compensatory damages and $1.75 million in punitive damages. Pursuant to a Georgia statute, the punitive damage award was split, with the plaintiffs being awarded 25 percent and the remainder going to the state of Georgia.
Trends in vaginal mesh litigation
This recent development was likely a significant source of relief for the plaintiffs, who had been waiting for a decision since 2013. After the jury award was announced on August 15 of that year, the defendants appealed the decision. Cisson had received an implanted vaginal mesh device – the Avaulta Plus Posterior Biosynthetic Support System manufactured by C.R. Bard – in May of 2009 and she was forced to wait until 2016 to learn that she would receive just compensation for her serious injuries.
It is typical of litigation to drag on for years. Even after receiving a favorable jury award, plaintiffs are often forced to wait through the appeals process, followed by another wait to receive the funds they deserve. After filing a lawsuit in the MDL, the approximately 70,000 pelvic mesh plaintiffs waited through pre-trial proceedings including discovery and the selection of the bellwether trials.
So far, a few other plaintiffs have enjoyed successful resolution of their cases. In addition to the Cisson jury award, Deborah Barba was awarded $100 million by a Delaware jury on May 28, 2015. The defendant in that case was Boston Scientific. Another $12.5 million award was handed down against Johnson & Johnson’s Ethicon division on December 22, 2015.
How can plaintiff funding help?
Unfortunately, even after achieving resolution of their cases, plaintiffs may still have to wait before receiving compensation. The thousands of plaintiffs who still have cases pending may be forced to accept lower settlements than they deserve because of strained financial resources. For some of these plaintiffs, the solution could be lawsuit funding, also known as a pre-settlement loan. Lawsuit funding involves issuing plaintiffs a cash advance against their future jury award or settlement. The money can be used for court fees, lawyers’ fees, mortgage payments, groceries – essentially, anything the plaintiff needs. And since legal loans are non-recourse, there is never any risk to the plaintiff. If the plaintiff loses the case, she doesn’t need to repay a dime.
Why choose LawStreet Capital for lawsuit funding?
LawStreet Capital has maintained a reputation as a leader in lawsuit funding for plaintiffs who are pursuing vaginal mesh claims. With highly competitive rates, superior customer service, an easy application process, and courteous representatives, it’s no surprise that so many plaintiffs have already turned to LawStreet Capital.
You can receive a decision regarding your application within 24 hours. You can choose to receive your money via mailed check or direct deposit. And in the event that your litigation does not result in a jury award or settlement, you owe nothing. Should you have any questions about obtaining the financial resources necessary to continue with your claim, you can reach a knowledgeable representative at 1.866.FUND.662.
- U.S. Court of Appeals, Pelvic Repair System Products Liability Litigation, http://www.ca4.uscourts.gov/Opinions/Published/151102.P.pdf
- The State Journal, GA woman receives $2 million judgment in vaginal mesh case, http://www.statejournal.com/story/23150378/jury-rules-in-favor-of-plaintiffs-in-first-vaginal-mesh-case