Delaware Woman Awarded $100 Million In Vaginal Mesh Lawsuit After Jury Finds Boston Scientific Negligent in the Design and Manufacturing of the Pinnacle and Advantage Fit Mesh Device
The medical device litigation attorneys at Southern Med Law report that a Delaware state jury hearing a vaginal mesh lawsuit awarded $100 million to a 51-year-old woman who experienced vaginal scarring, pain and other health complications from Boston Scientific’s transvaginal mesh devices. The Superior Court jury on May 28 awarded the Delaware woman $25 million in compensatory damages and $75 million in punitive damages, according to court records. The woman’s bladder mesh complaint said she was implanted with Boston Scientific’s Pinnacle and Advantage Fit to treat stress urinary incontinence and pelvic organ prolapse. The court document said she experienced complications and underwent two surgeries to remove the implants, parts of which are still inside of her. In rendering its verdict against Boston Scientific, the jury found the company negligent in the design and manufacturing of the products and failed to warn doctors and their patients about the potential risks associated with the products, according to court records. (Case No. 11C-08-050-MMJ, Superior Court of Delaware, Wilmington). Southern Med Law is representing women in transvaginal mesh complaints and is committed to protecting the rights of patients who have been harmed by defective medical devices developed by large companies such as Boston Scientific.
“We commend the jurors for finding Boston Scientific negligent and awarding her accordingly, as well as finding that Boston Scientific’s bladder mesh devices were defectively designed.”– Southern Med Law
Court documents indicate that state and federal juries have rendered verdicts against Boston Scientific totaling $118 million since September. The company was ordered to pay:
- $73 million in September after a Texas state court jury found in favor of a woman who said she suffered permanent injuries after having a Obtryx bladder mesh sling implant. The verdict was later reduced to $35 million. (No. DC-1214349, District Court for Dallas County, 95th Judicial District of Texas (Dallas))
- $26.7 million in November to four women after a Miami federal court jury found that the women were injured by the company’s Pinnacle bladder mesh implant. (14-cv-24061, U.S. District Court, Southern District of Florida)
- $18.5 million in November after a West Virginia federal court jury found four women were injured by the Obtryx bladder mesh sling. (2:12-cv-08633)
As state in court documents, surgical mesh products are used to treat urine leakage, also known as stress urinary incontinence, and pelvic organ prolapse which happens when a woman’s bladder, vagina, uterus or other pelvic organs drop from their normal position. The law firm notes that the FDA has received complaints of mesh erosion and bleeding, urinary problems, pain during sexual intercourse vaginal scarring, and other complications as a result of surgical mesh implants. As a way of addressing the risks associated with transvaginal mesh devices, the FDA proposed to reclassify the devices from a moderate-risk device to a high-risk device. The law firm adds that mesh manufacturers will now have to submit a premarket approval application to the FDA and provide clinical data that shows the safety and effectiveness of their surgical mesh products before the FDA allows them to sell their products on the market.
Boston Scientific announced in a Security and Exchange Commission filing in April that the company agreed to settle certain surgical mesh lawsuits related to its bladder mesh surgery devices. The agreement calls for Boston Scientific to pay an estimated $119 million to resolve 2,970 product liability cases and claims associated with its surgical mesh products that treat stress urinary incontinence and pelvic organ prolapse cases and claims involving. The document stated that the company will make two payments into a settlement fund held in escrow with full funding to be completed by October 1, 2015. The company mentioned in the SEC filing that the settlement agreement was not an admission of liability or wrongdoing. The law firm adds that Boston Scientific has 16,420 lawsuits pending in a multidistrict litigation for mesh lawsuits in the U.S. District Court, Southern District of West Virginia.
About Southern Med Law
Southern Med Law’s founding attorney, Dr. François Blaudeau, is a practicing attorney and obstetrician/ gynecologist. Dr. Blaudeau has a unique understanding of the medical and legal questions regarding transvaginal mesh medical devices. If you or a loved one received a vaginal mesh surgical implant, please contact Southern Med Law to learn more about your rights and legal recourse after experiencing bladder mesh complication. You can arrange for a free, no obligation vaginal mesh lawsuit review by calling Southern Med Law today, at 205-547-5525 or visit www.southernmedlaw.com to follow all the current news on this and upcoming news on vaginal mesh and other medical products.
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