It has been revealed that Endo Health Solutions Inc. is under investigation relating to its pelvic mesh products. The company has received subpoenas from states including California in the investigation. The device maker revealed this information in a U.S. Securities and Exchange Commission (SEC) filing last month that warned investors that the “strain of pelvic mesh litigation” threatens its unit’s women’s health business. Endo, whose American Medical Systems Inc. unit is facing thousands of lawsuits in multidistrict litigation over the products, said in the filing that the company is now facing investigation by a number of states. Endo did say that it is cooperating with the investigation.
The investigation, according to the filing, includes transvaginal surgical mesh products that are meant to treat pelvic organ prolapse and stress urinary incontinence. Endo said it received a subpoena from California in November and that other states followed suit. Currently, there are more than 20,000 lawsuits pending against American Medical Systems claiming that the company’s vaginal mesh products are defective and have caused chronic pain, incontinence and other injuries. As we have previously reported, the suits are in multidistrict litigation in West Virginia, as well as state and Canadian courts. Endo has said recently that it expects to spend at least $520 million to settle or otherwise end the product liability litigation it faces, which primarily consists of thousands of vaginal mesh injury cases.
The company increased its product liability reserve to about $520 million as of the end of last year, according to a securities filing. But the company said a loss in excess of that amount remains a “reasonable possibility.” Endo agreed in June to pay $54.4 million to settle an unspecified number of vaginal mesh claims. If you need additional information on this matter, or about the litigation generally, contact Leigh O’Dell, a lawyer in our firm’s Mass Torts Section, at 800-898-2034 or by email at Leigh.Odell@beasleyallen.com. Leigh is involved in all of the transvaginal mesh (TVM) Litigation. She will be glad to answer any questions that you might have.
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