Juries Return Transvaginal Mesh Verdicts in Favor of Plaintiffs
On September 8, a Dallas, TX jury ordered transvaginal mesh manufacturer, Boston Scientific, to pay a plaintiff $73 million in damages. The 42-year-old woman claims the defective design of the company’s Obtryx sling has left her in a perpetual state of pain. She had the device implanted to treat minor urinary leakage four years ago and now suffers from permanent nerve damage and persistent pelvic pain.
According to a court filing, the jury awarded the plaintiff approximately $23 million in compensatory damages and $50 million in punitive damages.
This is the first award against Boston Scientific regarding its urinary incontinence slings. The manufacturer has previous won two cases regarding its Obtryx sling. More than 12,000 transvaginal mesh lawsuits are pending against the company, filed by women claiming the products have eroded in their bodies. As a result, many have experienced damage to their internal organs, which leads to severe pain and frequently requires surgery to remove the device.
A spokesperson for Boston Scientific says the company disagrees with the verdict and plans to file an appeal.
More favorable verdicts for transvaginal mesh plaintiffs
On September 5, a West Virginia federal jury awarded a woman $3.27 million in damages from Ethicon, a Johnson & Johnson subsidiary. After reviewing evidence during the nearly two-week trial, the jury found the manufacturer liable for selling defective devices and failing to adequately warn patients and their physicians of the risks associated with the product, including infection, pain and bleeding.
In 2011, the then 52-year-old plaintiff was implanted with Ethicon’s Gynecare TVT Obturator or TVT-O transvaginal mesh device to treat stress urinary incontinence (SUI). She filed a lawsuit one year later, claiming the device caused a number of serious side effects, including pelvic pain.
A spokesperson for Ethicon said the company plans to appeal the verdict.
This was the second case to go to trial of the roughly 33,000 lawsuits filed against Ethicon, accusing the company of similar allegations. The first trial ended in favor of Ethicon.
Ethicon has a history of transvaginal mesh litigation. In 2013, a New Jersey state court ordered the company to pay $11 million in damages and a Texas state court ordered them to pay $1.2 million in April.
In April, another transvaginal mesh manufacturer, Endo International Plc agreed to pay $830 million to settle approximately 20,000 lawsuits marketed by American Medical Systems. Plaintiffs claim the vaginal mesh inserts in the device eroded, causing severe pain and incontinence.
Free consult with a transvaginal mesh lawyer
If you or a loved one has faced negative health issues caused by transvaginal mesh implants, the product liability lawyers at The Sanders Firm can help. It’s important to discuss your case with a pelvic mesh injury attorney to review your options. You may be entitled to compensation for your pain and suffering, medical bills and lost wages.
At The Sanders Firm, we have more than four decades of combined experience fighting for the rights of personal injury victims. Contact us today at 1-800-FAIR-PLAY (1-800-324-7752) to schedule a free case evaluation with a skilled transvaginal mesh lawyer at no cost to you.
- Bloomberg, Boston Scientific Ordered to Pay $73 Million Over Implant http://www.bloomberg.com/news/2014-09-09/boston-scientific-ordered-to-pay-73-million-over-implant.html
- Reuters, Boston Scientific Ordered to Pay $73 Million Over Mesh Device http://www.reuters.com/article/2014/09/09/bostonscientific-mesh-verdict-idUSL1N0RA2BB20140909
- Reuters, Jury Hits Ethicon with $3.25 Mln Verdict in Mesh Case http://www.reuters.com/article/2014/09/05/ethicon-mesh-verdict-idUSL1N0R61L720140905