Federal Judge Allows for Punitive Damages in Obtryx Transvaginal Mesh Suits
A West Virginia judge has permitted transvaginal mesh plaintiffs to continue seeking punitive damages in seven federally-filed claims against Boston Scientific Inc., finding that they established an issue of fact in arguments that the company may have been reckless in designing its Obtryx pelvic implants.
Among other things, an Order issued on October 9th notes that plaintiffs in cases filed in the U.S. District Court, Southern District of West Virginia accuse Boston Scientific of ignoring multiple warnings against designing transvaginal mesh with polypropylene. Plaintiffs in these cases received the company’s Obtryx Transobturator Mid-Urethral Sling System, and allege that complications they suffered after receiving it were a direct result of Boston Scientific’s negligence in designing, manufacturing and marketing a device that was defective. Breach of express and implied warranties claims also included in transvaginal mesh lawsuits that similarly accuse the defendant of failing to adequately warn patients about the risk for mesh erosion, chronic pain, pain during sexual intercourse and other injuries.
Boston Scientific Failed to Test Safety of Obtryx, Mesh Lawsuits Allege
These plaintiffs seek compensatory and punitive damages from Boston Scientific, prompting the company to file a motion for partial summary judgment. Punitive damage claims are governed by Massachusetts law, they said, to which plaintiffs countered that West Virginia regulations should be followed.
The federal judge overseeing vaginal mesh suits against Boston Scientific agreed, asserting that laws in the state are dictated by wherever the place of injury occurred. He also found that plaintiffs produced sufficient enough evidence in their argument for punitive damages to survive summary judgment on the issue.
In transvaginal mesh claims that Boston Scientific knew that polypropylene in the Obtryx device may be unsuitable for placement in the human body, attorneys point to a material data safety sheet (MSDC) produced by Chevron Phillips Chemical Co. The document warns the manufacturer against using the material in its pelvic mesh implants, which BSC proceeded to ignore. Boston Scientific knew it should conduct long-term safety studies of the Obtryx device following its decision to include polypropylene, but neglected to do so, plaintiffs argue.
Were You Injured by Transvaginal Mesh Marketed by Boston Scientific? Call Us.
Attorneys at our Firm are representing numerous women who were allegedly injured by transvaginal mesh manufactured by Boston Scientific and several other companies. Call us today to file a case of your own: (877) 779-1414.