NHS mesh compensation guide

Surgeons use meshes in operations to strengthen weakened or damaged tissue caused by injury, surgery, or conditions like hernias and pelvic organ prolapse. 

Although the majority of patients are happy with their procedures, some experience chronic pain, infections, organ damage, and other complications. 

In this article, you’ll learn how surgical mesh implants are used and more about the problems some patients face after their operations. You’ll also find out about NHS mesh compensation and whether you may be eligible for a claim. 

Understanding surgical mesh implants 

The four main types of mesh surgery provided at UK hospitals are: 

1. Vaginal mesh implants 

If you have pelvic organ prolapse, a vaginal mesh implant can strengthen the walls of your vagina to give it extra support. 

Pelvic organ prolapses happen when you have weakened or injured pelvic muscles or tissues in the pelvis. This can be brought on by ageing, childbirth, or pregnancy. Your surgeon will normally place the vaginal mesh through a small cut in your vagina or abdomen. 

2. Rectal mesh implants 

Your rectum is the last part of your intestines. If it stretches and slips out of your anus, this is called a rectal prolapse. 

Rectal prolapses can be caused by a number of factors including illness, injury, pregnancy, or ageing. In a procedure called an abdominal rectopexy, your surgeon may use mesh to hold your rectum securely against the back wall of your pelvis. They place these implants through a cut in your abdomen. 

3. Pelvic mesh implants 

If the muscles and tissues in your pelvic area are weak or have been damaged, this may be caused by factors like pregnancy, childbirth, and ageing. 

Surgeons use mesh implants to support the pelvic area to prevent disorders like prolapses in the bladder, uterus, rectum, vagina and urethra. Depending on the type of procedure you’re undergoing, surgeons place pelvic mesh implants through the vagina or the abdomen. 

4. Stress urinary mesh implants 

If your bladder leaks when you laugh, sneeze, cough, or exercise, it could be a sign of stress urinary incontinence.  

The cause of this can be weakened pelvic floor muscles due to pregnancy, childbirth, and ageing. Surgeons can implant a mesh sling to support your bladder and reduce leaks through a small cut in your vagina or two tiny cuts in your lower abdomen. 

Complications associated with mesh implants 

Mesh implants can change your life for the better, but you need to know the risks before deciding whether it’s the right treatment for you. Many patients have experienced a range of complications that have seriously impacted the quality of their lives. 

Chronic pain 

Chronic pain is a real issue. You might feel pain in your back, pelvis, vagina, legs, groin, and during sex. This pain can be debilitating and persist even if you get the mesh removed.  

Infection 

Infections are another risk. Up to 8% of women experience infection after a vaginal mesh placement. You may need to take antibiotics to manage the situation. There is also a risk of serious infection if you have the mesh removed. 

Mesh erosion 

Mesh erosion is the pushing through of the mesh into surrounding organs or tissues. 

This can cause vaginal pain, bleeding, infection and discharge, especially during sex. The mesh may also erode through into other organs like the rectum or the bladder. This can lead to pain when going for a wee, blood in your wee, and urinary tract infections. 

The issues surrounding the meshes have caused real complications in the lives of patients who have received them. 

In 2024, 140 women won compensation from manufacturers for issues with transvaginal mesh implants. 

It’s estimated that over 100,000 UK women have had a mesh fitted. 

Eligibility for NHS mesh compensation 

There may be three grounds to bring a case against either a hospital or medical equipment provider. 

1. Product defect claims 

The British women in the aforementioned case won payouts from Johnson & Johnson, Bard, and Boston Scientific. 

If you’ve been harmed by a faulty or defective surgical mesh implant, you may be entitled to claim compensation. Make sure you work with a solicitor with experience in medical negligence, product liability, or both. 

If you bring a claim, your solicitor will need to show that the manufacturer of the mesh failed to ensure its product was safe for use.  

This might involve proving that the mesh was poorly designed, made from unsuitable materials, or that the manufacturer did not provide adequate warnings about the risks. 

2. Lack of choice and informed consent 

You may also have grounds to claim compensation based on lack of treatment choice and informed consent. 

Your surgeon may have breached the National Institute for Health and Care Excellence (NICE) guidelines if they did not discuss with you: 

• The benefits and risks of all types of surgical treatment including the incision required during the operatio

• The uncertainty surrounding the long-term effects of surger

• The different anaesthetic

• The social and psychological factors relating to you as a patient 

• How long you’d stay in hospital and how long it would take you to recover fully 

Your surgeon should also have discussed with you any possible non-surgical management of your condition. 

3. Surgical negligence 

It could be that your condition was caused by surgical negligence. 

Surgical negligence happens when a mistake during an operation causes harm that should have been avoided if proper care had been taken. 

Not every mistake during surgery counts as negligence, but your solicitor can help determine if your care fell below a reasonable standard.  

They will investigate your case by consulting independent medical experts and reviewing your medical records to identify any avoidable errors. 

Why medical documentation is important 

Your medical records are, in most cases, the most important type of document that your solicitor will present when making your case for compensation. 

They show the record of medicines and treatments you’ve received, the advice you’ve been given, and the symptoms you’ve experienced. 

Your solicitor will request your medical notes from your GP, the NHS hospital and any private hospital attended  

You may also wish to keep a diary detailing the impact of the pain and injury you’re suffering to provide a clear, personal account of how your condition has affected your daily life and well-being. This could include things such as details of any time you have required off work, any care and assistance that you have required from your loved ones, any out-of-pocket expenses you have incurred and any appointments which you have attended. If you do, be sure to share it with your solicitor. 

What is the time limitation to bringing a claim?

In England and Wales, the time limit for making a vaginal mesh claim is generally three years from the date of the injury or the date you became aware of the injury being caused by the mesh implant. This three-year period is known as the limitation period and is set by the Limitation Act 1980.

In addition , if a claim is being made for a defective product then this will be subject to specific time limits set by statute.  In most cases, a strict 10yr time limit will apply as  a “longstop” date for such claims , after which time a claim cannot be brought, irrespective of when a person suspects there is a problem.  The start of that 10yr period is from the date when a product is first supplied and that may be many years before it is used.

For example, a device may be supplied by a manufacturer to the NHS in 2010  and sit on a shelf for 2 years before it is used in 2012. The 10 yr longstop period would start in 2010 and expire in 2020.  A person who is implanted with the device in 2012 may have many trouble free years only to develop an issue in 2021 and try to claim in 2022 but will find that they cannot pursue the manufacturer because the statutory time limit has expired.

It is important that any concerns around implanted devices are investigated as soon as any problems arise and your lawyer can advise if limitation will be an issue in your case.

The legal process for mesh compensation claims 

The first step to claiming compensation for injury and harm caused by a surgical mesh is to speak with a specialist clinical negligence solicitor. 

They will let you know whether your claim has a reasonable chance of success. If you do, at this point, many solicitors (including Fletchers Solicitors) will offer to represent you on a “no-win, no-fee” basis. 

The next stage in the process is gathering evidence. As well as requesting your medical records, your solicitor will often also contact independent medical experts to give an opinion on the quality of treatment you received to assess whether the standard of care you received was reasonable or not. 

Once the initials investigations are complete, your solicitor will send a letter to the NHS or private hospital that treated you setting out the formal allegations of negligence, stating the failures in your care and the avoidable harm you have suffered. The hospital will then investigate the claim for themselves and will respond by letter confirming whether they admit or deny the allegations. 

Your solicitor will investigate any long-term damage that has been caused by the wrongdoing and will then work out how much your claim is worth in terms of financial compensation. In most cases, your solicitor and the solicitors or insurers for the other side will negotiate an out-of-court agreement. If that happens, your solicitor will make an offer of settlement to the other side and will tell you how much compensation the other side is offering. 

You can choose to accept or reject their offer after considering the advice of your solicitor. If you accept it, your claim will finish, and you will receive payment of your compensation within a month or so. If you reject their offer, you can make a counter-offer and continue the negotiation process. 

If you are unable to reach a settlement agreement which you and the other side are happy with, your solicitor may take your claim to court so a judge can decide whether you are entitled to compensation and if so, how much your claim is worth. This is a lengthier process. 

Compensation for NHS mesh claims 

There are two parts to most NHS mesh claim compensation packages: general damages and special damages. 

General damages cover your pain, suffering, and loss of amenity. This includes physical and psychological suffering. The more severe your symptoms and the more they disrupt your life, the higher the level of general damages you’ll receive. 

Special damages cover the out-of-pocket expenses that you have incurred or will incur in the future, as a result of your injury. That includes medical expenses (including travel bills and treatment costs), loss of earnings (including pension contributions), care and assistance, aids and equipment and other financial losses. 

The importance of seeking expert legal advice for NHS mesh claims

Medical negligence claims are complicated. You need an experienced solicitor to guide you from the beginning of the process right up until the time you receive your compensation. 

Your solicitor’s job is to prove that the actions of your healthcare provider or a fault in the surgical meshes caused your injury. 

So, if you experience pain as a result of your mesh, the solicitor and the independent medical experts they work with first want to determine whether your injury was something that went wrong before, during, or after the surgery. 

If it wasn’t and you benefited from a reasonable level of care from your surgeon and their team, your solicitor’s job is to investigate whether the mesh manufacturer is at fault. 

For simple cases, your claim could settle within around 12 months. It could run for two to five years if the case is complex 

Please make sure that, when you choose a solicitor to work with, you choose one that has a long and proven track record in settling cases successfully for their clients. 

Support and resources for affected individuals

If you’d like to speak to someone about your injury, support is available. 

Mesh UK offers support for patients, their carers, and loved ones including respite breaks. Sling The Mesh is a campaigning organisation seeking to expose flaws in mesh research and secure financial redress for women injured by a pelvic mesh. 

The British Association of Urological Surgeons has an advice and support page on their website. 

Why choose Fletchers Solicitors? 

Fletchers Solicitors is one of the UK’s largest personal injury law firms with many leading medical negligence solicitors on our team. 

For over 30 years, our solicitors have represented clients seeking redress, justice, and compensation for injuries and illnesses they’ve experienced because of sub-standard medical care. 

Leading your surgical mesh implant claim will be recognised industry experts like Katy Link, Jennifer Argent, and Susannah Campbell. 

Together with their teams and the independent medical experts they work with, they’ll build the strongest legal case for your compensation claim. They guide you through the process at each stage. If you ever have any questions, get in touch, they’ll always be happy to hear from you. 

We work on a “no-win, no-fee” conditional arrangement. This is how it works. 

Get in touch with us and share what happened to you. We’ll then let you know if we think you have a viable surgical mesh claim. If you do, we’ll offer to represent you. 

If we secure surgical negligence compensation for you, our fee is 25% including VAT of the settlement you receive. If we don’t secure compensation, you pay us nothing. 

Start your claim today or call 0330 013 0246.