If you had vaginally inserted mesh or tape to treat stress urinary incontinence or pelvic organ prolapse and developed complications, you may have a clinical negligence claim, for example if you were not told about the risks and alternatives, and in some cases a product liability claim against the producer. In 2018 England paused the use of vaginal mesh and Scotland halted it, and in 2022 Scotland passed a law allowing it to reimburse the costs of qualifying, privately arranged mesh removal surgery. Claims normally have to start within three years of when you knew about the problem and its cause, and product claims face a ten-year long-stop.
The NHS says many women have had vaginal mesh operations without developing problems, but a few have had serious complications. The official response since 2017 has changed how these operations are used. This guide sets out what the official sources say, how a claim works, what is different in Scotland, and the time limits. We are an independent information service, not a law firm.
Vaginal mesh and its complications
The NHS describes vaginal mesh surgery for stress incontinence, sometimes called tape surgery, as inserting a strip of synthetic mesh behind the urethra to support it, and says the mesh stays in the body permanently. It says a few people have had serious complications after mesh surgery, including:
- long-lasting pain and permanent nerve damage;
- incontinence, constipation and sexual problems; and
- mesh exposure through vaginal tissues and, occasionally, injury to nearby organs such as the bladder or bowel.
The NHS also says that if you are not having any complications there is no need to do anything, and that many women have had these operations without problems. If you think your mesh is causing problems, it advises speaking to a GP or your surgeon.
What changed from 2017
| When | What happened |
|---|---|
| March 2017 | Scotland: final report of the independent review of the use, safety and efficacy of transvaginal mesh implants |
| July 2018 | England: vaginally inserted mesh for stress urinary incontinence paused until conditions to reduce the risk of injury are met, and the pause extended to mesh for pelvic organ prolapse |
| Sept 2018 | Scotland: health boards instructed to stop all transvaginal mesh procedures until new protocols are developed and implemented |
| July 2020 | UK Government review: the Independent Medicines and Medical Devices Safety Review, which looked at vaginal mesh, published its report with 9 recommendations |
| May 2022 | Scotland: the mesh removal cost reimbursement Act came into force |
The MHRA said at the time of the 2018 pause that these procedures had not been banned and would continue where there was no viable alternative, after close consultation between patient and clinician. The NHS now says surgery putting a supportive mesh inside the vagina for prolapse is no longer done on the NHS unless there is no alternative, and that it may not currently be possible to have vaginal mesh surgery for urinary incontinence on the NHS.
How a claim can be brought
Clinical negligence. NHS guidance says valid consent must be voluntary and informed, which includes being told about the benefits and risks and whether there are reasonable alternative treatments. The Scottish review concluded that for stress incontinence surgery, individuals must be offered all appropriate treatments, mesh and non-mesh, with the information needed to choose. If you were not given that information, or the operation or follow-up care was not carried out to a reasonable standard, you may have a claim against the hospital or surgeon. Our medical negligence guide explains the legal tests.
Product liability. Under the Consumer Protection Act 1987, the producer of a product, or a company presenting itself as the producer, or the importer, is liable for damage caused by a defect, meaning the product's safety was not such as persons generally are entitled to expect. Producers have defences, including one based on the state of scientific and technical knowledge when they supplied the product. See our defective product guide.
Scotland: reimbursing private mesh removal
The 2022 Act gives the Scottish Ministers power to make a scheme reimbursing the costs of qualifying mesh removal surgery. Surgery qualifies if it was arranged other than by a health board, for someone ordinarily resident in Scotland when the removal was arranged or when the mesh was implanted, and before a date the scheme sets. The costs covered include the surgery itself, reasonable travel for the patient and one supporter, and reasonable accommodation and subsistence. Check with the Scottish Government or NHS Scotland whether the scheme is open to you. Reimbursement is separate from any negligence or product claim.
Records, reporting and the claims process
- Get your records. Under the clinical disputes pre-action protocol, copy records should be provided within 40 days of a request, at no more than the statutory charges. Ask for the operation note and any record of the device used.
- Report the problem. GOV.UK asks people to report injuries from medical devices to the MHRA through the Yellow Card scheme.
- Letter of claim. In England and Wales the defendant should acknowledge within 14 days and give a reasoned response within four months, and proceedings should not normally be issued before then. The protocol does not change the time limits.
- Who handles NHS claims. In England, NHS Resolution's Clinical Negligence Scheme for Trusts handles clinical negligence claims against member NHS bodies for incidents on or after 1 April 1995.
Time limits
Negligence claims in England and Wales normally have to start within three years of the injury or, if later, your date of knowledge: when you first knew the injury was significant, that it was attributable to the treatment complained of, and who was responsible. A court can allow a late claim if it would be equitable. For a person who lacked capacity to conduct legal proceedings when the claim arose, the three years run from when that ends.
Product claims must start within three years of the later of the injury and your date of knowledge, and can never be brought more than ten years after the producer supplied the product; the court cannot set aside that long-stop. Scotland (sections 17, 22A and 22B of the Prescription and Limitation (Scotland) Act 1973) and Northern Ireland (articles 7 and 8 of the Limitation (Northern Ireland) Order 1989) follow the same three-year and ten-year structure.
Time limit checker
Indicative only. It applies the basic three-year statutory periods and cannot account for every exception, such as a later date of knowledge or a court's discretion. It is not legal advice: take advice well before any deadline.
The checker applies the three-year period only. Because many mesh implants were supplied years ago, ask a solicitor to check the ten-year product long-stop straight away.
Frequently asked questions
Can I claim compensation for vaginal mesh complications?
Possibly. A claim may lie in clinical negligence, for example if you were not told about the risks and alternatives or the surgery was below a reasonable standard, or in product liability if the mesh was defective under the Consumer Protection Act 1987. Complications alone do not prove either.
Was vaginal mesh banned in the UK?
Not outright. In July 2018 England paused vaginally inserted mesh for stress incontinence and extended the pause to prolapse, and the MHRA said the procedures had not been banned. In September 2018 Scotland instructed health boards to stop all transvaginal mesh procedures until new protocols were in place.
Is there a pelvic mesh compensation scheme?
In Scotland, the Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022 allows the Scottish Ministers to reimburse the costs of qualifying mesh removal surgery arranged other than by a health board. Compensation for the injury itself would otherwise be sought through a negligence or product liability claim.
How long do I have to make a pelvic mesh claim?
Normally three years from when you knew the injury was significant and linked to the treatment. Product liability claims also cannot be brought more than ten years after the producer supplied the mesh, and that long-stop cannot be extended, so take advice early.
Who do I claim against?
For negligent treatment or missing information about risks, the hospital or surgeon, which for NHS trusts in England means NHS Resolution will usually handle the claim. For a defective product, the producer, a company presenting itself as the producer, or the importer.
What should I do if I think my mesh is causing problems?
The NHS advises speaking to a GP or your surgeon. You can also report the problem to the MHRA through the Yellow Card scheme, and ask for copies of your medical records, including the operation note.
Get help from official, free sources
- NHS: speak to a GP or your surgeon about suspected mesh problems
- GOV.UK: Yellow Card scheme: report a problem with a medical device
- Solicitors Regulation Authority (SRA): check a solicitor is regulated
- Citizens Advice: free, impartial guidance on your rights
Related guides: medical negligence claims, defective product claims, nerve damage claims, claiming in Scotland, time limits to claim and no win, no fee explained.
Official sources used for this guide: NHS: urinary incontinence surgery; NHS: pelvic organ prolapse; GOV.UK: 2018 pause on vaginal mesh; GOV.UK: IMMDS review report; Scottish Government: halt in use of transvaginal mesh; Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022, s.1. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.