31 May Boston Scientific Loses another Mesh Injury Trial, Ordered to Pay Plaintiff $100M
Boston Scientific has just been handed another resounding defeat, as a Delaware jury has ruled in favor of the plaintiff in a mesh injury case, ordering the manufacturer to pay her $100 million in compensation.
This verdict, which includes $25 million in compensatory damages and $75 million in punitive damages, is particularly noteworthy because it marks:
- The first verdict Boston Scientific has lost since it announced a $119 million settlement earlier this month
- The largest vaginal mesh injury verdict awarded to a plaintiff in this litigation to date
- The eighth (8th) largest verdict an American jury has awarded in a civil case so far in 2015.
Another remarkable aspect of this $100 million verdict is the fact that it came out of Delaware, one of the most corporate-friendly states in the U.S. In fact, Delaware is home to more than 50 percent of the publicly traded companies in the U.S.
Facts of the Case: What Led the Jury to Award the $100M Verdict
According to the complaint for this case (CA 11C-08-050-MMJ), the plaintiff is a 51-year-old former bank teller who had Boston Scientific’s Obtryx sling implanted to treat her pelvic organ prolapse and stress urinary incontinence. Shortly after implantation, however, the device reportedly began to erode inside of the plaintiff, seriously damaging her internal organs.
Despite having the device surgically removed, the plaintiff has reportedly been left with permanent injuries and chronic pain.
The allegations in this case were specifically that:
- Boston Scientific’s Obtryx sling was defectively designed, as it was comprised of substandard materials – some of which were not approved for use in human patients.
- Boston Scientific had failed to test the safety and efficacy of its vaginal mesh devices before bringing them to market.
- Boston Scientific had failed to warn the public of the risks associated with its vaginal mesh devices – In fact, the FDA issued a warning in 2012, noting that about 10 percent of all women with these implants (from various manufacturers) would need at least one risky revision surgery within five (5) years of implantation.
- The Obtryx sling was directly responsible for injuring the plaintiff.
Boston Scientific is reportedly planning an appeal and has yet to admit any fault or liability regarding its vaginal mesh devices. It remains to be seen, however, whether Boston Scientific will file an appeal or refocus its attention on trying to resolve the 25,000 other pending vaginal mesh cases in state and federal courts.
Phoenix Personal Injury Lawyers at the Law Office of Richard Langerman
Have you or a loved one sustained serious complications after using a defective medical device? If so, the Phoenix personal injury lawyers at the Law Office of Richard Langerman are here for you, ready to fight for your rights to compensation and justice.
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