A federal judge in an ongoing transvaginal mesh lawsuit in Virginia denied the request from mesh manufacturer Boston Scientific Corporation to dismiss the plaintiff’s punitive damages claim.

U.S. District Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia found that due to the evidence brought forth by the plaintiff in the vaginal mesh lawsuit, Boston Scientific could be found guilty by a reasonable jury for acting with reckless disregard of the health and safety of consumers.

According to the summary judgment, Judge Goodwin also concluded that a reasonable jury may even decide that Boston Scientific knew its product would probably cause injury yet placed it on the market anyway.

Punitive damages are not always awarded in a typical civil lawsuit because they are meant to punish the defendants by awarding a substantial amount of money to the victim in an effort to deter the defendant and others from engaging in similar behavior. However, in some situations a civil defendant may be required to pay punitive damages if they are found to be intentional, reckless or malicious in conduct. 

In this vaginal mesh lawsuit, Judge Goodwin agreed with the plaintiff’s argument in favor of allowing a punitive damages claim go before a jury based on evidence that Boston Scientific Corporation was warned that the transvaginal mesh product contained polypropylene resin which is unsuited for use inside a human body.

Additional evidence also showed BSC signed an agreement with polypropylene producer Chevron Phillips Chemical Co., stating BSC would not use the resin until additional medical testing was performed. The plaintiff also brought forth evidence that Boston Scientific performed no clinical tests before placing the product on the market nor did they place a warning on the mesh implant that it contained polypropylene resin.

Judge Goodwin concluded that due to the evidence in the vaginal mesh lawsuit, dismissing punitive damages claims would be unjust.

Vaginal Mesh Complications

Boston Scientific is one of the leading manufacturers of transvaginal mesh and bladder slings that were designed and marketed to treat women suffering from pelvic organ prolapse, a medical condition that occurs after menopause, undergoing a hysterectomy or after childbirth. Since its release on the market, tens of thousands of women have reported serious and sometimes life-threatening side effects of the bladder mesh slings.

Transvaginal mesh problems may include:

• Bladder and vaginal infections
• Organ injuries
• Mesh erosion into the vagina
• Vaginal scarring
• Pain during sexual intercourse
• Urinary problems
• Perforated bladder, bowel and blood vessels
• Multiple occurrences of pelvic organ prolapse

Some of the more serious pelvic mesh complications are so painful they often require the product to be surgically removed.

Transvaginal Mesh Lawsuit

Thousands of surgical mesh lawsuits have been filed against the top manufacturers of the medical device including: Boston Scientific, Ethicon, and AMS. Plaintiffs claim manufacturers intentionally misled patients into believing the product was safe and effective and they have suffered immensely because of it.

Recent transvaginal mesh lawsuit settlements have awarded millions to victims over bladder sling complications. Compensation can help families pay off medical bills, recoup economic loss from missed work and be reimbursed for pain and suffering. Spouses can also file as co-plaintiffs in vaginal mesh lawsuits to be compensated for loss of consortium.