Vaginal mesh implants errors and complications
Vaginal mesh repair is a common gynaecological procedure. It is most commonly used for women who have incontinence or prolapse issues. The condition can be caused by a weakness in bladder control, with childbirth being a primary cause of this weakness.
Complications with the use of Transvaginal mesh
Mesh in the form of a permanent or semi-permanent artificial support may be used in vaginal repairs to support tissues in this area that are weak.
1. Infection
This may require the removal of the mesh.
2. Rejection
Loosening of the whole mesh, the mesh may partially or completely protrude through the vaginal skin causing discharge or pain to your partner during sex. This may need another operation to divide the mesh that is protruding out or to remove the entire mesh if there is an infection present.
3. Mesh protrusion or erosion
Part of the mesh wears through a gap that develops in the vaginal skin so that it pokes out. This will usually require surgery to trim the loose portion and to close the gap in the skin.
Specific risks of this procedure
- Bleeding from large blood vessels
- Infection in the operation site or urinary tract
- Injury to other organs such as the ureter(s) (tube leading from the kidney to the bladder) bladder or bowel
- Difficulty passing urine immediately following surgery which is usually temporary but which may require a catheter to be reinserted into the bladder, or you may be taught to pass your own catheter until you are able to pass urine without assistance
- Stress incontinence of urine following surgery. Stress incontinence is a common condition where urine leaks when you cough, sneeze or perform various other activities involving abdominal straining. In this case, whilst no problem existed before surgery, often there is an unknown weakness of the bladder which leads to this problem when surgery is carried out
- A connection (fistula) may develop between the rectum and the vagina leading to leakage of faeces through the vagina (rectovaginal fistula)
- Pain in the perineum can last up to six weeks after surgery. Change in bladder and bowel habits. Pain during sexual intercourse. Pain in the perineum (area between vagina and rectum). Recurrence of the original complaint (prolapse) with the passage of time
- Narrowing or shortening of the vagina
- Increased risk in obese people of wound infection, chest infection, heart and lung complications, and thrombosis
- Increased risk in smokers of wound and chest infections, heart and lung complications, and thrombosis
The claim process
1. Consult our medical negligence solicitor
It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Statute of Limitation
The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case to advise of the Statute of Limitations applicable to your case.
Frequently Asked Questions
What complications from transvaginal mesh can give rise to a legal claim in Ireland?
Complications that may give rise to a legal claim include chronic pelvic pain that has not resolved with treatment.
- Mesh erosion or extrusion through the vaginal wall;
- Pain during intercourse (dyspareunia);
- Urinary dysfunction, including incontinence or retention;
- Difficulty walking, sitting, or carrying out daily activities, and nerve damage.
The fact that a complication has occurred does not automatically mean there is a legal claim.
The claim may rest on whether the procedure was negligently performed, whether adequate informed consent was obtained before surgery, or whether the device itself was defective.
A solicitor experienced in mesh claims can help identify which of these applies.
What is the informed consent issue in transvaginal mesh claims?
Before any surgical procedure in Ireland, a healthcare professional has a legal duty to provide the patient with sufficient information to make an informed decision about whether to proceed.
This includes disclosing the material risks of the procedure. In transvaginal mesh cases, a patient who was not informed of the specific risks of mesh erosion, chronic pain, or the difficulty of mesh removal may have grounds for a claim based on inadequate informed consent, even if the surgical technique itself was standard.
The Health Information and Quality Authority (HIQA) oversees patient safety standards in Irish healthcare settings.
My surgeon says my complications are not related to the mesh. What can I do?
It is not unusual for women with transvaginal mesh complications to be told by their treating clinician that their symptoms are unrelated to the mesh, or that the mesh is not the cause of their pain.
An independent medical opinion from a gynaecologist or urogynaecologist who has not been involved in your care can provide an objective assessment of whether your symptoms are consistent with mesh complications.
Our solicitors can instruct an appropriate independent expert on your behalf and advise you on the medical and legal picture.
How long do I have to make a transvaginal mesh complication claim in Ireland?
The limitation period in Ireland is two years from the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
The date of knowledge is the date on which you first knew, or ought reasonably to have known, that your complications were caused or contributed to by the mesh procedure or a defect in the mesh device.
Because mesh complications can develop gradually and because women are often told their symptoms are unrelated to the mesh, the date of knowledge may be significantly later than the date of the original procedure. Early legal advice is important.
Will a transvaginal mesh claim go to court?
Most transvaginal mesh claims in Ireland are resolved without a full court hearing.
Proceedings are generally issued in the High Court, given the nature and value of the injuries involved, but the majority of cases settle during the litigation process.
The State Claims Agency reported in 2024 that 56 per cent of clinical claims were resolved without court proceedings and that 43 per cent of concluded clinical claims involved mediation.
The objective at all stages is to resolve your claim in the most effective way for your particular circumstances.
