Medical negligence firm raises concerns over government's commitment to mesh ban

A medical negligence law firm has raised concerns over the UK government’s announcement for the use of surgical mesh in treating stress urinary incontinence (SUI).

Thompsons Solicitors has pointed out discrepancies between the recommendations of the Independent Medicines and Medical Devices Safety Review and the government’s ministerial announcement to the House of Commons.

Last week, chair of the review baroness Julia Cumberlege, advised the NHS and the Department of Health and Social Care that mesh surgeries for SUI should be paused until a set of conditions designed to mitigate the risk of injury are met. The NHS and DoH accepted the recommendations that the conditions be met by March 2019.  

Thompsons Solicitors state that despite the government agreeing to the recommendations, the statement to parliament does not commit to the immediate ban proposed in the review. Instead, the government introduced the vague concept of a ‘high vigilance programme of restricted practice’.

Within the announcement, health minister Lord O’Shaughnessy said: “Our new approach, with a high vigilance programme of restricted practice, will radically reduce the number of women have vaginal meshes inserted, and ensure that when it does happen, it is only after close consultation with their clinician and with extremely thorough clinical oversight and governance.”

Tom Jones, head of Policy at Thompsons Solicitors, said: “The recommendation for a ban could not have been clearer and yet, whilst saying they accept it the government haven’t introduced a ban at all. The only thing they have introduced is ambiguity where there was none.

“For the Department for Health and Social Care to be backing out of promises made by experts they appointed to advise them is extremely worrying. Baroness Cumberlege wanted no one else to suffer but the government apparently don’t care. It’s worth recalling that Jackie Doyle Price said in answer to a Westminster Hall Debate in October 2017 that she believed mesh ‘is still the best product for treating stress incontinence’ and it appears that her mind is closed and she thinks she knows better than the experts.”

Owen Smith, Labour MP for Pontypridd and chair of the All-Party Parliamentary Group on Surgical Mesh Implants, said: “I am concerned that a rearguard action fought by surgeons who have earned thousands putting mesh into women in private clinics has forced the government to row back somewhat from the clear suspension envisaged by the Independent Review.

“I have submitted questions to Health Ministers to clarify the current position. Crucially, we need to know how many women does the government imagine will still be treated with Mesh under the exceptional cases process and how will those women be selected.”

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