A Dallas jury has awarded a $73.4 million settlement against Boston Scientific Corp’s Obtryx transvaginal sling personal injury and defective products lawsuit.
Boston Scientific was found liable for leaving a woman in severe pain following a vaginal mesh implant procedure.
The Texas jury awarded Martha Salazar $23 million in compensatory damages and $50 million in punitive damages from Boston Scientific, which manufactured the Obtryx bladder sling that caused Salazar’s permanent injuries.
Salazar, a 42-year-old property manager, could no longer work or sit normally and suffered severe pain after being implanted with the mesh sling for her mild incontinence. Salazar sustained internal injuries, which required 42 additional procedures, as well as four major surgeries.
She would have been better off leaving her minor urine leakage the way it was rather than enduring the pain, suffering and permanent damage she was left with following the implantation of the Obtryx sling. No one warned her of the risks.
Critics of vaginal mesh hope the massive punitive damages award deters the company and other manufacturers of transvaginal mesh implants from producing these dangerous devices.
Boston Scientific is accused of failing to warn doctors and their patients of the serious complications associated with the Obtryx sling, even though the company was well aware of problems linked to their devices. It was reported that there was an internal e-mail from a company executive to sales representatives telling them to keep results of a company study questioning the safety of the devices from physicians
After the jury found that the mesh sling was faulty and the company failed to warn doctors and patients, they awarded $23 million, $9 million more than the $14 million originally requested.
Although Boston Scientific denies liability and plans to appeal, they face about 23,000 additional mesh lawsuits and have previously talked about settlements. This is the first trial loss for the device maker after winning its first two.
If you or a loved one suffered injuries as a result of a defective transvaginal mesh implant device, you may be entitled to significant compensation for your damages. Contact one of our experienced Gacovino Lake attorneys at 1-800-246-HURT (4878) for a free consultation.