Tamara Burns  |  November 6, 2015

Category: Legal News

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mirena iud mirena complicationsUpholding the verdict in a recent vaginal mesh lawsuit, a Delaware judge nonetheless drastically reduced the amount of damages Boston Scientific pay to $10 million, rather than the $100 million the company was originally ordered to pay.

In May, a jury in a Delaware state court awarded plaintiff Deborah B. $25 million in damages for the personal injuries she sustained from a Boston Scientific vaginal mesh product. The original verdict ordered the company to pay an additional $75 million in punitive damages for manufacturing the defective product.

In October, Judge Mary Johnson refused to overturn the jury’s finding that Boston Scientific was liable for Deborah’s injuries, but she did reduce the amount of damages that the manufacturer must pay by 90 percent, stating that the jury award was excessive.

Judge Johnson noted that other vaginal mesh lawsuits had punitive damage awards ranging from $1.75 million to $7.76 million, while the jury in this case returned a $75 million punitive verdict, nearly ten times the upper range of previous settlements.

Boston Scientific is still facing about 20,000 other vaginal mesh lawsuits stemming from the allegedly defective surgical mesh implant. Earlier in 2015, the company paid $119 million to resolve about 3,000 claims, and has made other agreements in smaller cases.

Only a few vaginal mesh lawsuits have made it to trial, and Deborah’s case is the largest punitive damage verdict yet. Punitive damages are designed to punish the companies for being reckless in their manufacturing, and for marketing unsafe products without regard for consumer safety.

Vaginal Mesh Use and Side Effects

Vaginal mesh (also known as pelvic mesh, tension-free tape, TVT, transvaginal mesh, and tvt bladder sling) is an FDA approved surgical device designed to treat urinary stress incontinence and pelvic organ prolapse. The mesh is implanted surgically to help artificially support organs that have dropped from their original position.

While some women have had positive life changes from these surgical products, a growing number of women are experiencing very negative life changes.

Women have dealt with organ puncture, infection, chronic pelvic pain, and sexual problems ranging from painful intercourse to inability to have intercourse.

The problems stem from the mesh materials eroding prematurely. The mesh breaks and sloughs off, potentially causeing widespread damage. Some male partners are also affected, as sometimes the mesh can be felt inside the vagina and can cause damage to the man’s penis during intercourse.

Vaginal Mesh Litigation

Over 70,000 women have filed lawsuits against various manufacturers regarding allegedly defective vaginal mesh. In addition to Boston Scientific, plaintiffs have also filed lawsuits against Ethicon, C.R. Bard, Coloplast, American Medical Systems (AMS) and Cook Medical.

The ongoing vaginal mesh litigation is one of the largest active mass-tort proceedings in the nation.

The litigation is part of a multidistrict litigation, or MDL. Federal Judge Joseph Goodwin is overseeing the MDL, and has been encouraging manufacturers to reach settlement agreements early to avoid the substantial liability that they may face once a case is heard at a jury trial.

Vaginal Mesh Lawsuit Information

If you have experienced complications due to vaginal mesh, you may be eligible for legal compensation. Our attorneys will review your case for free and can guide you on your legal options, including your eligibility to file an individual lawsuit or join an MDL.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The vaginal mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, vaginal mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Transvaginal Mesh Class Action Lawsuit Investigation

If you or a loved one were injured by a transvaginal mesh product and underwent revision surgery to remove the mesh or repair the damage, you may have a legal claim. Submit your information now for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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