Judge In Boston Scientific Pelvic Mesh Lawsuit Allows Plaintiff To Seek Punitive Damages

   

A Pelvic Mesh Lawsuit Alleges Material In Boston Scientific’s Advantage Fit Bladder Mesh Should Not Have Been Issued For Use In The Human Body.

pelvic-Mesh-Lawsuit-southern-med-lawSouthern Med Law recently learned a federal judge overseeing pelvic mesh lawsuit claims has allowed a plaintiff to seek punitive damages in a mesh lawsuit against Boston Scientific after rejecting the company’s request to dismiss the claim. According to court documents, the woman was implanted in 2010 with Boston Scientific’s Advantage Fit mesh to treat stress urinary incontinence. According to her complaint, the mesh device was made out of polypropylene resin which was supplied to Boston Scientific by Chevron Phillips Chemical Company. Chevron warned Boston Scientific against using the polypropylene material for implanting in the human body and advised the company to decide for itself whether the material was suitable for its products, according to the court document. In his order issued on April 13, U.S. District Judge Joseph Goodwin found that Boston Scientific did not sponsor clinical testing on the material, did not pay attention to Chevron’s warning, nor warn through its direction for use that the Advantage Fit was not safe for permanently implanting in a human body. In light of the company’s actions, Judge Goodwin wrote that a reasonable jury could find that Boston Scientific “acted in conscious disregard” of the plaintiff’s rights “or acted with reckless indifference to the consequences.” Judge Goodwin also found that the company was “aware of the danger involved” in selling its mesh product on the market. (Case No. 2:13-cv-07084, In Re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation – MDL. No.2326)

“The Judge’s order will allow the plaintiff to seek additional compensation for her injuries. Punitive damages go beyond the actual damages a plaintiff seeks and serves as punishment for what a defendant has done, or did not do, that resulted in harm to the plaintiff.” – Southern Med Law

The firm has been representing and advocating for women who have suffered injuries allegedly from transvaginal mesh devices and encourages women who believe they have experienced adverse side-effects from bladder mesh and other vaginal products to contact Dr. François Blaudeau, a founding partner at Southern Med Law, by calling Phone: (205) 547-5525 or you can visit www.southernmed law.com for more information and news.

The law firm comments that the U.S. Food and Drug Administration (FDA) describes transvaginal surgical mesh as medical devices used to repair pelvic organ prolapse which occurs when the bladder, vagina, uterus and other pelvic organs drop from their normal position. Mesh products are also used to treat stress urinary incontinence, which is urine leakage in women. The law firm states that the FDA has issued warnings about the mesh medical devices after having received more than 3,800 complaints between 2005 to 2010 from women experiencing bleeding, infection, urinary problems, organ perforation, mesh erosion and other injuries from the mesh products. Due to the ongoing complaints, the FDA proposed in April 2014 to reclassify transvaginal mesh from a moderate-risk device to a high-risk device.

Court documents show that two weeks after the ruling was issued by Judge Goodwin, who is managing a transvaginal mesh multidistrict litigation in the U.S. District Court, Southern District of West Virginia, Boston Scientific announced that it had reached an agreement to settle certain lawsuits related to its bladder mesh surgery products. In a filing to the U.S. Security Exchange and Commission on April 28, Boston Scientific said that it will resolve “substantially all” of the product liability cases and claims over its mesh products that treat stress urinary incontinence and pelvic organ prolapse. According to the regulatory filing, Boston Scientific will pay an estimated $119 million to resolve about 2,970 cases and claims and make two payments into a settlement fund held in escrow with full funding to be completed by October 1, 2015. Boston Scientific further said that the agreement is not an admission of liability or wrongdoing.

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.

Southern Med Law
Southern Institute for Medical and Legal Affairs
2224 1st Ave., North
Birmingham, AL 35203
Phone: (205) 547-5525
Fax: (205) 547-5526
francois@southernmedlaw.com

This entry was posted in Southern Med Law | Article. Bookmark the permalink.