On May 28, 2015, a Delaware jury returned its verdict in favor of the plaintiff in the amount of $100 million ($25 million in compensatory damages and $75 million in punitive damages) against Boston Scientific Corporation, the manufacturer of the transvaginal mesh that was implanted in the plaintiff that was allegedly defective and caused the woman to suffer serious injuries.
The Delaware jury trial lasted two weeks after which the jury deliberated for seven hours before reaching its verdict.
The now 51-year-old Delaware woman was implanted with the defendant’s vaginal mesh products in 2009, to treat her stress urinary incontinence and pelvic organ prolapse. Boston Scientific Corporation’s Pinnacle and Advantage Fit mid-urethral sling mesh products were used during the surgery, which the plaintiff alleged eroded following surgery and resulted in vaginal scarring and other serious medical conditions.
The plaintiff underwent two subsequent surgeries during which attempts were made to remove the vaginal mesh and address her injuries. Despite the surgical efforts to remove the vaginal mesh, parts of the mesh remained implanted in the woman. As a result of the mesh erosion problem, the woman has severe chronic pain, urinary tract infections, and is unable to engage in sexual relations with her husband.
The plaintiff’s vaginal mesh lawsuit alleged that the products implanted in her were defectively designed and that the defendant’s executives fraudulently hid the problems with their mesh products from the doctors who implanted the mesh devices and the patients who were implanted with the defendant’s mesh products.
The Delaware vaginal mesh verdict was the largest against Boston Scientific Corporation involving its vaginal mesh products. The Delaware verdict was the sixth jury verdict in favor of plaintiffs in vaginal mesh cases filed against Boston Scientific Corporation (Boston Scientific Corporation had won the first two vaginal mesh product liability lawsuits that had gone to trial). Boston Scientific Corporation announced just two weeks ago that it had agreed to pay $119 million to resolve approximately 3,000 vaginal mesh claims that had been filed against it.
The plaintiff stated after the verdict was rendered, “While difficult to share, I hope my case demonstrates to all mesh manufacturers the dangers of their products and the justice they owe victims. ” (Almost 70,000 vaginal mesh lawsuits have been filed in the United States District Court for the Southern District of West Virginia; other vaginal mesh lawsuits are pending in other U.S. states.)
A spokesperson for Boston Scientific Corporation stated after the verdict was announced, “We strongly disagree with the jury’s finding and intend to appeal based on the strength of our evidence.”
If you or a family member were implanted with vaginal mesh or other surgical mesh and suffered complications, injuries, or chronic pain afterwards, you should find a mesh claim lawyer in your U.S. state who may investigate your mesh claim for you and represent you in a claim against the manufacturer, distributor, and/or supplier of the mesh, if appropriate.
Turn to us when you don’t know where to turn.