Damages that May Be Recovered in TVM Case

With multi-million dollar verdicts for TVM cases making news, it is easy to wonder what your TVM case might be worth.

It is important to keep in mind that no matter how big the verdicts in these individual cases are, each case is very fact-specific.  In the Johnson & Johnson Ethicon case, the woman in question underwent 18 revision surgeries.  Fortunately, most women with TVM implants have not suffered to this degree, and therefore their claims may not be worth as much.

Though these awards are good news for plaintiffs, they do not mean that defendants are on the verge of settling.  However, it does likely mean that defendants will come to the negotiation table with serious intent to settle the claims against them.  Remember that these cases are often a long process, and they may not be resolved for some time.

The following are damages that may be awarded in these cases:

• Pain and suffering
• Medical expenses, including surgeries to correct or address mesh or sling problems
• Lost wages
• Reduced earning potential
• Emotional distress
• Permanent disfigurement
• Loss of consortium (inability to have intercourse)

Punitive damages are sometimes awarded as well for the following reasons:

• To punish the defendant for wrongdoing or disregard for public health or rights
• To deter others from similar behavior