A GREED TRAGEDY
Consultant Shameful crisis stains reputation of our profession
A leading surgeon has warned doctors’ reputations will be ruined over the mesh scandal.
Mark Slack, one of the most eminent consultants in his field, said “history will judge harshly” surgeons involved in the treatment which ruined the lives of hundreds of thousands of women.
Slack, head of gynaecology at Addenbrooke’s Hospital in Cambridge, condemned mesh manufacturers for what he has called a “tragedy created by greed”.
And he claimed the fallout from the scandal, which has wrecked the health of more than 400 women in Scotland alone, will “stain” doctors who championed treatments which the Scottish Government have now vir tual ly banned after a Sunday Mail campaign.
The NHS in Scotland now faces multi-million pound lawsuits to compensate for the lives ruined by mesh while in the US, state prosecutors are pursuing mesh manufacturers in the civil courts, accusing them of deliberately risking the health of thousands of women.
Revealing that manufacturers rushed products – used to treat conditions such as incontinence – to market without proving safety and effectiveness, Slack told surgeons at a conference in England: “We should have been saying to those companies, ‘ Take your tape and go away because you have no evidence.’ But we didn’t.”
Slack yesterday claimed medical watchdogs approved procedures before proper testing had been carried out on the long-term effects.
He also claimed doctors were too slow to report complications which led to Scottish sufferers suing the NHS and mesh manufacturers in Scotland’s biggest medical legal action.
Slack said: “The mesh scandal will remain as a stain on our behaviour.”
He is one of the few surgeons to voice concern over the marketing and widespread use of plastic polypropylene mesh implants to treat pelvic organ prolapse and bladder problems.
The surgeon admitted he had taken a lot of “flak” for being so outspoken. He warned: “Doctors need to take back control or this sort of scandal will happen again.”
The consultant insisted that some mesh procedures have been beneficial for carefully selected patients when the appropriate product was used by surgeons with the proper skills.
He said: “Not all mesh is bad. Conditions such as stress incontinence can ruin lives and, in many cases,
Insanity prevailed. The mesh scandal will be a stain on our reputation. We are the voice of our patients. We should have spoken up. We did not
women have been helped.” But, he added, with billions in profits at stake, “insanity prevailed”, with makers bringing out more and more products without studies to back up claims.
He warned the huge cost of litigation would mean “manufacturers withdrawing good products with the bad”.
Slack said surgeons will have to return to old methods “which carry their own risk of complications”.
He believes doctors were too easily seduced by claims that mesh was a wonder treatment for every patient.
Slack said: “I’ve seen court documents which show manufacturers were targeting what they described as ‘ low- hanging fruit’ – surgeons in the US who had small practices but wanted to be part of the game.
“Insanity prevailed and we soon had every man and his dog putting something (mesh) in, often for the wrong indications, often the wrong tape for the wrong operation.
“Doctors should have been far more proactive over complications. We now have patients with intractable pain and terrible injuries.
“Patient welfare is our responsibility. When we see things that aren’t right, we must speak up for patients. We must never forget – we are their voice.”
Campaigners praised Slack and
called on the NHS to concede defeat in Scotland’s biggest medical claim – to save taxpayers at least £ 30million.
Elaine Holmes of Scottish Mesh Survivors said: “Mr Slack’s comments have made us even more determined for the fight ahead.”
More than 400 Scottish women, many crippled by mesh implants, have lodged civil claims at the Court of Session against the NHS with medical manufacturers named as co-defendants..
Because of events in the US, where women have won £ 1.5bil lion compensation, campaigners believe Scottish victims will win their cases.
Lawyer Cameron Fyfe of Drummond Miller said: “If patients win and costs are awarded, the sums could reach £ 60 60million. “Legal costs on each side of the 400 cases would be around £50,000, as well as settlements of over six figures for many victims. “Given the level of settlements a already seen in America and the actions taken by the growing number of US state legislators, I believe the NHS could save taxpayers £30million by settling now and claiming against me medical suppliers.” Patrick McGuire of Thompsons Soli Solicitors agreed. He said: “We believe this would be the responsible thing to do, for patients already suffering injury, as well as taxpayers.
“There’s nothing to prevent the NHS settling with patients and allowing the court to determine the culpability of manufacturers.
“This scandal happened on the NHS’s watch so they do have a level of culpability, but we believe primary responsibility lies with mesh manufacturers.
“The alternative is an expensive court battle lasting years.”
Scottish health committee convener Neil Findlay MSP said: “Someone has to be held to account for the failings of these products.
“We cannot end up in a situation where NHS Scotland picks up the tab.”
Scot tish Conservative health spokesman Jackson Carlaw said: “It’s time for the Scottish Government to get tough and for those who presided over thi s scandal to face the consequences.”
An NHS Scotland spokeswoman said: “The clinical negligence claims are being pursued as an ongoing legal mat ter, therefore the Scott ish Government cannot comment on them at the present time.”
Last month, Kentucky joined California and Washington state by launching a multi-million dollar civil action against mesh manufacturers Johnson & Johnson.
Kentucky’s attorney general Andy Beshear claimed J&J f irm Ethicon “deliberately concealed severe injury risks and falsely marketed” the implants. He said: “The way this company chose profits over people is outrageous.”
Ethicon, who pulled several mesh devices off the market in 2012 citing “business reasons”, could face lawsuits from other states across the US.
Ethicon spokeswoman Dawn Trail said the move was “unjustified”, adding that the firm will “vigorously defend” cases here.
The UK’s health watchdog the MHRA said: “We can’t comment on the US regulatory system as it is not equivalent to the UK.”
Despite the controversy, the MHRA still insist “benefits outweigh the risks” of mesh implants.
Ethicon sold 800,000 mesh implants in the US, and more than two million worldwide.
Their implants included devices of choice across Scottish hospitals until two years ago when former health secretary Alex Nei l suspended procedures pending a safety review due to be finalised next month.