Compensation Payouts For Vaginal Mesh Operations & Sodium Valproate Scandal

Carolle White

BBC News has reported that compensation payouts should be made soon to those injured following the vaginal mesh and sodium valproate scandal.

England’s patient safety commissioner has said that the families of children, who were left disabled by an epilepsy drug, as well as women who were wounded by the insertion of pelvic mesh implants, should by now have been issued urgent financial help. This follows a review that discovered lives had been destroyed due to concerns about some treatments were not listened to.

Dr Henrietta Hughes, Patient Safety Commissioner for England, who has been tasked with looking into the Government’s response to the scandals, has said how the Government needs to act fast in helping victims.

Ministers have reportedly said they are to consider and respond to the recommendations issued.

Dr Hughes states:

“These families weren’t listened to by a system that really turned its back, and fobbed them off with information which led to them not only being harmed, but thousands of others being harmed.”

What are vaginal mesh implants?

A mesh operation is a treatment used to support organ prolapse and incontinence, usually due to problems caused as a result of childbirth. Past estimates indicate that around 1,500 implants were performed every year by the NHS to act as a support for the virginal wall, bladder, bowel, uterus, or urethra.

The meshes are made of polypropylene, the same material used to manufacture certain drink bottles and plastic chairs. The plastic is known to erode and disintegrate and the meshes have been reported to slice through organs and the vaginal wall.  As a result, patients have been left with significant injuries including being unable to walk, suffering chronic pain, repeated infections, and loss of sex drive.

We previously reported, that over 800 women were taking legal action against the NHS and several manufacturers over the mesh implants, which had been described as ‘barbaric’ by some patients. The Government asked Dr Hughes to look into a potential compensation scheme for those who have been affected by the scandal, including the one that involved an estimated 10,000 women who were wounded by their pelvic mesh implants.

Statistics suggest that between April 2008 and March 2017, there were 127,000 mesh implants to treat incontinence and pelvic organ prolapse, however, campaigners believe the amount is much higher.

What is sodium valproate?

Sodium valproate is used to treat bipolar disorder and epilepsy as well as being used to prevent migraine headaches.

It is important to note that taking this drug whilst pregnant can cause major birth defects to the unborn child, but for years women were not properly informed about the risks. As early as the 1980s scientific papers suggested that valproate medicines were dangerous to developing foetuses, however, this was not explained on packaging until many years later in 2016.

Many families have been campaigning for years to raise awareness of the dangerous effects of the drug. Many are now calling for a public inquiry and compensation.

The initial payments Dr Hughes recommended were £100,000 which should be given to victims of the sodium valproate scandal and £20,000 to be given to women injured by mesh implants.

Dr Hughes has also said this should be followed by additional payments for some, as well as some non-financial assistance to victims and their families.

She went onto say how this is justice for those families who had been fighting for so many years. She said failing to help these victims would show “a callous disregard for the pain and the suffering of those harmed.”

It’s important to note that the Commissioner’s remit only covers England, however, Government departments within Northern Ireland, Wales, and Scotland say they will consider the findings.

Comment

It is very frustrating that despite the issues with both the vaginal meshes and the sodium valproate drug being well known now for many years, families are still waiting to receive the compensation they are entitled to and which they very much need. Hopefully, Dr Hughes’s findings will now move things forward for those affected.

How can Nelsons help

Carolle White is a Legal Director and Chartered Legal Executive in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500.

If you require any advice or if you have any questions regarding the subjects discussed in this article, please get in touch with Carolle or another member of the team in DerbyLeicester, or Nottingham on 0800 024 1976 or via our online form.

Contact us

 

 

Contact us today

We're here to help.

Call us on 0800 024 1976

Main Contact Form

Used on contact page

  • Email us