Boston Scientific to Pay $73 Million in Transvaginal Mesh Lawsuit
Medical device manufacturer Boston Scientific, Corp. was ordered to pay a plaintiff $73 million in damages by a Dallas jury, a verdict that signifies the company’s first loss in a transvaginal mesh lawsuit involving the company’s Obtryx sling implant. Additionally, Bloomberg.com reported that the manufacturer initially won its first two cases that had reached trial over the sling, and the Massachusetts-based company is now facing more than 12,000 lawsuits over its products.
Jurors in Texas state court reached the verdict on September 8, 2014 after finding that the constant pain and other complications sustained by the plaintiff were caused by the mesh sling she had received to treat her stress urinary incontinence. According to a report published the next day, the plaintiff was awarded $50 million in punitive damages, as well as $23 million in compensatory damages.
This is the first transvaginal mesh lawsuit that Boston Scientific has lost over its Obtryx sling, following two trials in Massachusetts that involved women who pursued claims against the company for pain, organ damage, and other complications that allegedly required removal surgery of the device.
Following the most recent transvaginal mesh lawsuit verdict, a lawyer told Bloomberg that the plaintiff was seeking assistance due to minor urine leakage and instead ended up with a life-altering, catastrophic injury that required four major surgical procedures. According to her lawyer, the vaginal mesh complications sustained by his client are permanent, and that she can no longer sit comfortably or walk without pain.
Boston Scientific Plans to Appeal Verdict in Transvaginal Mesh Lawsuit
A Boston Scientific spokesperson stated that the company is planning to appeal the verdict, which was delivered by jurors on the same day that they began the deliberations. The sling in question was allegedly defectively designed and may cause side effects, according to the ruling, which women and their healthcare providers were not adequately warned about by the manufacturer. Boston Scientific was found grossly negligent by the jurors in its handling of the mesh products.
Aside from this verdict, other transvaginal mesh manufacturers aside from Boston Scientific have recently lost several state- and federally-filed lawsuits. C.R. Bard and Johnson & Johnson, for instance, have been ordered to pay more than $13 million in damages to plaintiffs over the last year by juries in West Virginia and New Jersey.
Four multidistrict litigations have been established in the Southern District of West Virginia for cases involving products from American Medical Systems, Boston Scientific, C.R. Bard, and Ethicon, Inc., a Johnson & Johnson subsidiary. According to court documents, more than 60,000 transvaginal mesh lawsuits have been filed between these federal proceedings.
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Bernstein Liebhard, LLP is a leader in litigating cases involving transvaginal mesh and other allegedly defective medical devices. We have recovered more than $3 billion on behalf of our clients, and we strive to represent them to the best of our ability in order to achieve the most desirable outcome possible. If you would like to learn more about pursuing your own transvaginal mesh lawsuit, call us today at (888) 217-3033 or fill out the case evaluation form on this page to schedule your free initial consultation.