Private E-Mail from Boston Scientific Exec Surfaces at Transvaginal Mesh Trial
A Dallas jury whose transvaginal mesh verdict in September awarded more than $73.5 million to a woman injured by a Boston Scientific implant may have been heavily influenced by findings of a company-wide e-mail four years ago that told employees to ignore a study conveying doubts about its safety.
According to a recent Law360.com report, the e-mail was sent in August 2010 by a Boston Scientific executive to members of the company’s marketing staff, and took issue with a study published a year earlier in the American Journal of Obstetrics and Gynecology that compared its Obtryx and Advantage sling systems. Until more long-term testing on the Obtryx was conducted, the December 2009 research advised physicians to opt for the Advantage instead, which the executive told Boston Scientific’s marketing team to ignore. This document represents “just the sort of internal communication attorneys say can drastically sway a jury, according to Law360.com.
The Boston Scientific memo was presented to Texas jurors in September, after they found the Obytrx to be defectively designed, and that its manufacturer failed to adequately warn patients and doctors about risks. The damage award included $23.5 million in compensatory damages and $50 million in punitive damages to a 42-year old woman who blamed the company for nerve damage, infections and persistent pain she allegedly sustained after receiving the implant in 2011.
13,000 Federal Vaginal Mesh Lawsuits Blame Boston Scientific for Injuries
According to court records, this transvaginal mesh manufacturer has been named in more than 13,800 lawsuits that allege injuries caused by its products. These cases are pending in a federal multidistrict litigation underway in the U.S. District Court, Southern District of West Virginia, where thousands of claims have also been filed against manufacturers such as Johnson & Johnson’s Ethicon unit, American Medical Systems, Inc. and C.R. Bard.
Lawsuits involved in these federal proceedings were filed after a 2008 warning from the U.S. Food and Drug Administration (FDA) that alerted the general public about side effects that may stem from transvaginal mesh. These include but are not limited to chronic pain, mesh erosion and painful sexual intercourse, which often require the need for transvaginal mesh removal.
Consider a Transvaginal Mesh Lawsuit
Women who received the Obtryx transvaginal mesh implant from Boston Scientific or a similar product from another company are encouraged to call our Firm to learn about the process of filing a lawsuit. Call us today at (877) 779-1414.