Boston Scientific Loses Two Significant Transvaginal Mesh Cases in Federal Courts

Over the past few years, women who have been hurt by transvaginal mesh implants have filed lawsuits against the manufacturers of these medical devices. The side effects suffered by these women have included things such as pain, infection, bleeding, organ perforation, and other serious problems. Recently, two of these transvaginal mesh cases have been decided in favor of the women who have been hurt and against Boston Scientific—the maker of their transvaginal mesh implants.

Federal Court Orders Boston Scientific to Pay $26.7 Million to Four Women Hurt by Transvaginal Mesh

On Thursday, November 13, 2014, a jury issued a verdict in the first case against Boston Scientific to be decided by a jury in federal court. According to the Miami Herald, the jury deliberated for only about four hours before finding that:

  • Boston Scientific defectively designed Pinnacle pelvic-organ implants; and
  • Boston Scientific failed to properly warn doctors and patients of the potential risks associated with Pinnacle pelvic-organ implants.

The plaintiffs’ attorneys had argued that Boston Scientific failed to do the required testing on the products, rushed development to keep up with competitors, and that the mesh was made of a product that has not been approved for use in humans.

The jury determined that compensatory damages should be provided to each of the four plaintiffs in the following amounts:

  • Amal Eghnayem was awarded more than $6.7 million.
  • Margarita Dotres was awarded more than $6.7 million.
  • Mania Nunez was awarded more than $6.7 million.
  • Juana Betancourt was awarded more than $6.5 million.

The Pinnacle pelvic-organ implant device was removed from the United States market in 2011; however, there are still approximately 23,000 lawsuits pending in the United States, Canada, and the United Kingdom.

Federal Court Orders Boston Scientific to Pay $18.5 Million to Four Women Hurt by Transvaginal Mesh

Just one week after the federal jury in Florida issued its verdict, a federal jury in West Virginia issued another significant verdict against Boston Scientific. According to Reuters, the West Virginia jury found that Boston Scientific acted with gross negligence with regard to its Obtryx transvaginal mesh device that was used to treat stress urinary incontinence.

Lawyers for the four plaintiffs argued that Boston Scientific failed to perform sufficient safety testing because the company was in a hurry to get the transvaginal mesh products on the market. Additionally, the plaintiffs’ attorneys argued that the company was negligent in using a product called polypropylene in Obtryx transvaginal mesh devices despite warnings that polypropylene should not be permanently implanted in people. According to the lawyers for the four women bringing this case, Boston Scientific also failed to warn them of the risks involved with Obtryx implants.

The jury awarded each of the four plaintiffs between $3.25 and $4.25 million in compensatory damages and $1 million each in punitive damages.

These cases represent the second and third courtroom losses for Boston Scientific with regard to their transvaginal mesh products. In September 2014, a state court in Texas ordered Boston Scientific to pay a multi-million dollar verdict for the failure of its transvaginal mesh products.

There Is Help for Other Women Who Have Been Hurt

Gray and White Law is actively representing women who have been hurt by transvaginal mesh devices. We have successfully helped others get the compensation that they deserve after they have been hurt by defective medical products, and we would be pleased to talk to you about your legal rights and possible recovery. Please contact us via this website today to schedule a free and confidential consultation.
 

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