A Delaware jury awarded $100 million to a woman who sued Boston Scientific Corp. over injuries from the company’s pelvic mesh last month in the biggest win yet over the medical implant that has caused thousands of injury lawsuits.
On May 28, the New Castle County Superior Court jury awarded Deborah Barba, 51, $25 million in compensatory damages and $75 million in punitive damages after finding in her favor for negligence, breach of warranty, fraud and Delaware consumer protection law claims over the medical device company’s transvaginal mesh products. However, a spokesperson for Boston Scientific has already expressed the Defendant’s intent to appeal the award.
The Plaintiff had surgery in 2009 to implant the company’s Advantage Fit and Pinnacle mesh products to treat pelvic organ prolapse and urinary incontinence. After the surgery, she suffered serious complications that required two surgeries. One of the defenses raised by Boston Scientific was that the Plaintiff was injured because she had violated restrictions on lifting objects five weeks after her surgery and that it was those violations that caused her injuries.
The trial, overseen by Judge Mary M. Johnston lasted for over two weeks. However, it only took the jury seven hours to conclude that Boston Scientific had negligently designed and manufactured the devices and also failed to warn patients and doctors about potential risks. However, the jury did not agree with her loss of consortium claims.
Litigation Continues against Transvaginal Mesh Manufacturers
Trials against vaginal mesh device manufacturer, Boston Scientific Corp. (“Boston Scientific”), continue in West Virginia. Only one week after a jury in Miami’s federal court ordered Boston Scientific to pay $26.7 million to 4 plaintiffs, the company has now been ordered to pay another $18.5 million to an additional 4 plaintiffs. The plaintiffs in the recent West Virginia federal trial claimed injuries, including nerve damage, pain, and infection, as a result of the company’s Obtryx device. The jury not only awarded each of the plaintiffs several million dollars in compensatory damages, but also awarded each woman an additional one million dollars in punitive damages, finding the company acted with “gross negligence” in failing to adequately warn consumers and doctors about the risks involved with the device.
Many of the more than 70,000 pelvic mesh cases remain pending in federal court before U.S. District Judge Joseph Goodwin. Judge Goodwin continues to push the manufacturers to consider settling their cases.
We are hopeful that with Judge Goodwin’s efforts and the recent jury verdicts will get the attention of the decision makers at Boston Scientific and that they would do the right thing by the women they have injured rather than having more and more plaintiff’s lay bare the intimate details of their pain and private lives.
Watts Guerra LLP is proud to pursue litigation for women harmed by these dangerous and defective surgical mesh products. Women who had a vaginal mesh or bladder sling implanted to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have been put at needless risk and suffer catastrophic complications from these medical devices. The dangerous drug lawyers of Watts Guerra LLP encourage victims to investigate their potential claims against the manufacturers of the surgical mesh products, including Boston Scientific, C.R. Bard, Johnson & Johnson, by speaking to an experienced product liability lawyer quickly to make sure their claims are filed within applicable time limitations.
Written By:
Paige Boldt
Watts Guerra LLP
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San Antonio, Texas 78257
Phone (210) 447-0500
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