Two jury verdicts have found for plaintiffs this month in the transvaginal mesh litigations. On September 8, 2014, Boston Scientific was ordered by a jury to pay $73 million to a woman who alleged injuries from a defectively designed vaginal mesh implant. The jurors in state court in Dallas found that Boston Scientific was liable to plaintiff Martha Salazar for permanent and severe injuries caused by the Obtryx sling. The jury found that Boston Scientific’s sling had a faulty design, and company failed to properly warn patients and doctors about the health risks associated with the sling. The jurors also found that Boston Scientific’s handling of the slings amounted to gross negligence.
This verdict follows another recent jury award for a plaintiff against Johnson & Johnson’s Ethicon, Inc., another manufacturer of transvaginal mesh devices. On September 5, 2014, the jury in Husky v. Ethicon, a case brought in the U.S. District Court for the Southern District of West Virginia, awarded the plaintiff $3.27 million after finding Ethicon liable for selling faulty devices and failing to warn patients and doctors that users were at risk for side effects that include pain, bleeding and infection. This was the second case to go to trial in West Virginia federal court, where thousands of transvaginal mesh cases have been consolidated.
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These recent cases are among several against transvaginal mesh manufacturers that have been tried to a jury. There have been verdicts for both plaintiffs and defendants in these cases. In April 2014, a Texas jury awarded $1.2 million in damages to a woman who was injured after receiving an Ethicon TVT-O transvaginal mesh implant. In New Jersey, a jury awarded $11 million in 2013. A February 2014 transvaginal mesh trial ended with a defense verdict in favor of Ethicon.
Thousands of transvaginal mesh cases have been filed across the country. Many of the implant cases against Boston Scientific and other manufacturers have been consolidated before U.S. District Judge Joseph Goodwin in Charlestown, West Virginia. Others have been filed in state courts in Delaware, New Jersey, Massachusetts, Missouri, Texas and California.
Women have been implanted with pelvic mesh to treat the symptoms associated with pelvic organ prolapsed (POP) and stress urinary incontinence (SUI). However, many of the women implanted with these devices suffer from injuries including:
- Severe pain
- Pain during sexual intercourse
- Organ perforation
- Urinary problems
- Mesh erosion through the vagina.
Ashcraft & Gerel continues to investigate injuries due to transvagnial mesh. We filed cases on behalf of women whose lives have been seriously and adversely affected by faulty vaginal mesh implants. If you or someone you love has been injured due to these defective mesh implants, please contact us today online or by calling (866) 709-0505.