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Two separate juries within about a week of each other awarded a total of more than $45 million after finding that Boston Scientific Corp.’s transvaginal mesh inserts – designed to treat stress urinary incontinence – were defective.
In the most recent case, a federal jury in Charleston, W. Va., found the company liable for its vaginal mesh causing four women to suffer chronic pain. Jurors awarded $18.5 million in damages, $4 million of that designated as punitive damages.
Boston Scientific failed to adequately warn the women and their doctors about the risks of the Obtryx implants, according to the jury verdict.
A week earlier, a Miami jury panel found Boston Scientific liable for defective Pinnacle pelvic mesh products — used to treat pelvic organ prolapse — that four plaintiffs said injured them. In that case, Boston Scientific was ordered to pay $26.7 million.
Plaintiffs in both cases argued that the vaginal mesh inserts eroded inside their bodies, causing organ damage and pain.
The back-to-back losses are bad news for Boston Scientific, which is facing thousands of lawsuits over its transvaginal mesh products. The Florida and West Virginia lawsuits were the first two to go to trial and could drive up the settlement costs of the others, Reuters reports.
“Particularly troubling for Boston Scientific – which faces more than 24,000 mesh claims in U.S. state and federal courts – were the large compensatory damages, experts said,” according to Reuters. “Compensatory damages are generally a more reliable indication of how much similar claims are worth, and more difficult to reduce on appeal, than more subjective punitive awards.”
Each plaintiff in the Florida case will reportedly receive between $6.5 million and $6.7 million. In West Virginia the compensatory damages will range between $3.25 million and $4.25 million.
Transvaginal mesh plaintiffs allege that vaginal mesh implants, such as the Obtryx slings, erode inside the body, damaging organs and causing extreme pain. Surgery is required to remove the implant.
There are some 30 manufacturers of vaginal mesh implants, many of whom are named defendants in vaginal mesh litigation. Many of the vaginal mesh lawsuits involving manufacturers Boston Scientific, Johnson & Johnson and C.R. Bard have been consolidated in federal court in West Virginia, while others are pending in state courts in Delaware, New Jersey, Massachusetts, Missouri, Texas and California.
In 2012, the U.S. Food and Drug Administration (FDA) ordered manufacturers to study rates of organ damage and complications linked to vaginal mesh products.
Vaginal mesh implants are typically manufactured from a porous synthetic or other organic material. The device is surgically implanted to repair damaged tissue often caused by organ prolapse and stress urinary incontinence.
In April, Endo International Plc agreed to pay $830 million to settle 20,000 lawsuits stemming from eroded vaginal mesh implants, leaving patients with painful incontinence.
“Big verdicts put pressure on the company to increase settlement offers to keep cases from going before a jury and absolutely send the message to companies to consider settling,” the lead trial lawyer for the Miami women told Reuters.
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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