After a two-week jury trial that concluded on September 8, 2014, the 42-year-old plaintiff in a lawsuit filed in Texas state court for her alleged injuries as a result of her transvaginal mesh implant that she claimed was defective won a jury verdict in her favor in the amount of $73 million against the manufacturer of the mesh device, Boston Scientific Corporation.
The jury found that Boston Scientific Corporation was grossly negligent in designing and marketing the allegedly defective product, awarding the plaintiff $50 million in punitive damages in addition to $23 million compensatory damages for past and anticipated future pain and suffering.
The 12-person jury took only a few hours to arrive at its verdict. This Texas verdict was the first loss by Boston Scientific Corporation regarding its mesh device, which device is used to treat pelvic organ prolapse as well as stress urinary incontinence — it had previously won two trials regarding its mesh device in Massachusetts. Nonetheless, Boston Scientific Corporation faces more than 23,000 transvaginal mesh device lawsuits including thousands of federal cases that have been consolidated in the federal court in West Virginia (the first federal mesh case against it in West Virginia is scheduled for trial in October 2014).
The female plaintiff in the Texas state case had experienced urinary leakage for which her physician recommended that she have the transvaginal mesh device implanted. The woman had Boston Scientific Corporation’s Obtryx sling implanted four years ago. She alleged in her mesh lawsuit that she suffers from permanent nerve damage and lives with constant pelvic pain as a result of the defective mesh device.
Boston Scientific Corporation is but one of seven mesh device manufacturers facing transvaginal mesh claims. Other transvaginal mesh defendants include Ethicon Inc. (a unit of Johnson & Johnson), which suffered a mesh verdict against it in the amount of $11 million in New Jersey and a Texas mesh verdict against it in the amount of $1.2 million, although it did win a mesh case earlier this year in federal court; and C R Bard Inc., which suffered the first federal verdict against a mesh device manufacturer in 2013, when the jury awarded the plaintiff $2 million. (See our blog posted on September 12, 2014 that discusses the September 5, 2014 $3.27 million federal verdict against Ethicon regarding its transvaginal mesh device that the jury determined was defective, and the jury found that Ethicon failed to warn patients and their doctors regarding the risks associated with its mesh product.)
Salazar v. Lopez, District Court for Dallas County, Case No. DC-12-14349.
If you or a loved one had a transvaginal mesh device implanted and you suffered pain and/or other injuries as a result of the implant, you should promptly seek the legal advice of a transvaginal mesh claim attorney who may investigate your mesh claim for you and represent you in a claim against the designer, manufacturer, and/or others who may be held responsible for your suffering and damages.
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