Women who participated in a massive, decade-long legal battle against the makers of mesh implants are now suing the attorneys who helped them to obtain settlements in those cases.
The women accuse their former lawyers of unjustly enriching themselves by charging attorneys’ fees that amount to 44 percent of the settlements rather than the 33 percent limit that’s imposed by state law. In another case, women accuse their former attorneys of stretching themselves too thin to provide adequate representation. They claim that court filing deadlines were missed, making it necessary for them to settle with the makers of the pelvic mesh out of court. Those settlements were far less substantial than the ones obtained through litigation.
Each of these suits, which were filed in New Jersey and Texas, is being brought against personal injury firms. Among the claims are negligence and breach of fiduciary duty. This follows on the heels of one of the largest tort cases in American history.
The pelvic mesh lawsuits were brought against half-a-dozen medical manufacturers like Johnson & Johnson and Boston Scientific. In excess of 100,000 plaintiffs have participated in such lawsuits, stemming from the implantation of pelvic mesh, a treatment that is supposed to treat pelvic prolapse.
However, women who underwent the surgery suffered side effects like painful sex, bleeding and uncontrollable urination. The manufacturers agreed to pay billions of dollars in settlements and to stop making the pelvic mesh.
Despite being awarded decisions and settlements worth millions or billions of dollars, many of the plaintiffs in these cases were only promised about $60,000 before legal fees and costs, an amount that they say is not enough to cover their ongoing medical expenses.
While defendants in the new lawsuit have called it “pure nonsense,” attorneys for the plaintiffs say that meeting deadlines for court filings is a basic responsibility of every lawyer. Some legal experts note that the new litigation may even shine a helpful light on a process that gets little oversight from the courts: Administering settlements in mass tort cases to ensure that the process is conducted in accordance with the law.