Boston Scientific Loses $73 Million in Transvaginal Mesh Case
Boston Scientific, Corp. has lost its first transvaginal mesh lawsuit, after the company was ordered by a Dallas jury to pay $73 million in injury-related damages to a woman who received the Obtryx sling implant, according to Bloomberg.com.
The verdict was reached on September 8th, after jurors in Texas state court found the constant pain and other injuries sustained by the plaintiff were caused by themesh sling she received to treat stress urinary incontinence. She was awarded $23 million in compensatory damages, as well as $50 million in punitive damages, according to a report published the next day. This is the first case Boston Scientific has lost over its Obtryx sling, following two Massachusetts trials that involved women who sued the company for organ damage, pain and other injuries that allegedly necessitated device removal surgery.
Following the most recent transvaginal mesh verdict, a lawyer told Bloomberg, “This woman was seeking help with minor urine leakage and wound up with a catastrophic, life-altering injury that required four major surgeries. It’s a tragedy that these slings are still on the market.”
Her lawyer goes on to say that vaginal mesh injuries sustained by his client, a former property manager, are permanent, in that she can no longer walk or sit comfortably.
Boston Scientific Plans to Appeal Vaginal Mesh Verdict, Spokesperson Says
A spokesperson for Boston Scientific says the company plans to appeal the verdict, which was delivered by jurors the same day they began deliberations. The sling in question was defectively designed and may cause side effects, the ruling states, which women and their doctors were not adequately warned about by the company. According to jurors, Boston Scientific was grossly negligent in its handling of the mesh products, granting them permission to award punitive damages.
Aside from this verdict, Bloomberg reports that vaginal mesh manufacturers besides Boston Scientific have recently lost a number of federal and state-filed lawsuits. Johnson & Johnson and C.R. Bard for example, have together been ordered to pay more than $13 million in plaintiff damages in the last year by juries in New Jersey and West Virginia.
In the U.S. District Court, Southern District of West Virginia, four separate multidistrict litigations (MDL) have been established for cases involving products from C.R. Bard, Boston Scientific, American Medical Systems and the Johnson & Johnson subsidiary, Ethicon Inc. Court documents show more than 60,000 lawsuits filed between these federal proceedings.
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