Pelvic mesh: Calls for new legal redress scheme for injured patients 

Patients harmed by pelvic mesh implants have been left disappointed with the legal system as their battle for compensation continues to be drawn out.

England’s patient safety commissioner, Dr. Henrietta Hughes, highlights in the Hughes Report, published this week, that the absence of an independent body to oversee compensation claims is unsustainable and is causing significant distress among affected patients.

The report advocates for the establishment of a new redress scheme that is non-adversarial, to cover both financial and non-financial aspects of a claim.

Pelvic mesh implants were initially intended to provide support for internal organs post-childbirth or hysterectomy, but have resulted in permanent injuries for thousands of women in the UK.

Some of the injuries include women being left with chronic pain, recurrent infections, and mesh eroding into other internal organs, causing further health issues.

At present, there is no structured mechanism for redress in place so victims are forced to resort to litigation, which the report suggests is deeply flawed.

Hughes points out the shortcomings of the adversarial legal system, where irrelevant factors can sway outcomes and result in unpredictable and inconsistent results for claimants. Whereas in a non-adversarial claim, all parties would work together for the best outcome for all.

She argues that litigation does not offer the comprehensive, restorative support necessary for patients to rebuild their lives, and patients encounter numerous obstacles in pursuing their clinical negligence claims.

Some of the obstacles the patients are facing include being abandoned by legal representatives and facing strict time constraints to pursue their claims.

Despite the 2020 First Do No Harm report addressing the mesh implant scandal, only a few of its recommendations have been implemented to date.

The government states that claims gateways established through NHS Resolution are an alternative solution for legal recourse, but they have failed to address the time limitations that hinder injured patients.

The Hughes report also proposes an interim scheme to identify and assess harmed individuals, followed by a comprehensive redress scheme tailored to individual needs.

In addition to the financial compensation, the report also calls for non-financial support to facilitate access to benefits and housing for those affected by pelvic mesh complications.

The oversight of legal fees has been deemed ‘essential’ to prevent excessive administrative costs, drawing parallels with the Australian pelvic mesh settlements where legal expenses were disproportionately high.

Health Secretary Victoria Atkins has acknowledged the government’s review of the report and has pledged for recommendations and proposals to address the concerns raised.

Further reading

Negligent surgical operations and medical care – Oakwood Solicitors

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