Tamara Burns  |  November 26, 2015

Category: Legal News

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Boston Scientific vaginal meshA settlement has been reached in a state appeals court as Boston Scientific Corp. agreed to pay $34.5 million to a Texas couple who sued the company for placing  a medical device on the market that has allegedly injured thousands of women, including the female plaintiff.

The state court found the company liable for manufacturing defective defective pelvic mesh. According to court documents, Boston Scientific has settled a “substantial number” of other pelvic mesh lawsuits as well.

Boston Scientific attempted to have the Fifth Court of Appeals in Dallas toss the $34.5 million judgment, saying the vaginal mesh lawsuit had been settled and the parties would be responsible for their own costs. However, the terms of the transvaginal mesh lawsuit settlement were not disclosed.

Surgical Mesh Lawsuit Overview

Back in 2014, the Texas couple won a jury verdict totaling $73 million, which included $50 million in punitive damages. The trial court’s final judgment did end up reducing the amount of punitive damages at a later date.

In the state appeals court, Boston Scientific said they had already reached a master settlement agreement and established a settlement fund for a substantial number of pelvic mesh claims, including the Texas couple’s case.

The couple had already agreed to the vaginal mesh settlement, however, they asked for an extension of time to file a brief so that the settlement was allowed the time to be executed and finalized to its completion.

The extension was filed by the couple on Sept. 21 and they were given until Oct. 29 to respond in a brief to Boston Scientific’s argument that mesh was the doctor-adopted standard of care, so the company could not have been found negligent in manufacturing the pelvic mesh product.

In June, Boston Scientific said that synthetic pelvic mesh slings like their Obtryx mesh products were standard products sought out by the doctors themselves. They also stated that the couple failed to provide an alternate design for the mesh sling.

In addition, Boston Scientific also claimed they provided adequate warnings about mesh complications. The vaginal mesh manufacturer stated that the injuries claimed in the lawsuit were not linkable to the use of their pelvic mesh product.

In 2012, the Texas couple originally filed a medical malpractice lawsuit against the doctor and hospital who placed the pelvic sling implant. They then added Boston Scientific to the lawsuit and dropped the doctor and hospital from the pelvic mesh lawsuit.

The bladder sling lawsuit alleged that the material used to make the pelvic mesh was “biologically incompatible with human tissue.” This, they claimed, caused an immune reaction that degraded the pelvic tissue and could cause a serious adverse response to the mesh.

The vaginal mesh lawsuit further claimed that the company marketed the product aggressively while paying health care professionals benefits for promoting the sling, and exaggerated claims about the safety of the product.

The lawsuit was Boston Scientific’s first loss over the Obtryx pelvic mesh product, as the jury found that device unreasonably dangerous in they way it was marketed. They also found there was a safer alternative design available. The jury unanimously ruled that Boston Scientific’s actions were grossly negligent.

Vaginal Mesh Lawsuit Information

If you or a loved one has sustained personal injury from a transvaginal mesh or pelvic mesh surgical implant, you may be entitled to legal compensation.

Individuals who have experienced vaginal mesh pain, vaginal mesh infection, mesh erosion or required another transvaginal mesh surgery to correct vaginal mesh complications may have their case reviewed by a vaginal mesh attorney at no charge in order to discuss your legal options.

The Vaginal Mesh Lawsuit is Case No. 05-14-01617-CV in the Texas Court of Appeals for the Fifth District.

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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