Fox & Farley, Attorneys at Law

Woman awarded millions in vaginal mesh lawsuit

In a case that may be of interest to many Tennessee women, a Texas court has ordered a major medical supply corporation to pay millions to a woman found to be injured by one of its products. Boston Scientific Corp., provider of vaginal mesh used in procedures throughout the country, was ordered to pay an individual $73 million.

A two-week trial in Dallas ended Sept. 8 with a ruling that the company was guilty of gross negligence for both designing and selling a product that it knew was not safe. Thousands of women around the country brought the same case against the company, but the ruling in Dallas was the first success. Two other rulings in separate cases found that the company was not liable for damages. In this particular case, a 42-year-old woman was implanted with a mesh sling in an effort to solve her problems with urinary leakage.

Because of the use of the device, the woman alleged that she has suffered constant pain and irreversible nerve damage. A jury deliberated for several hours before ruling in the plaintiff’s favor. Boston Scientific Corp. was ordered to pay the woman $23 million for past and future pain and suffering. The finding that the company was grossly negligent netted the woman an additional $50 million in punitive damages. Several thousand similar lawsuits against the company have been combined and will go to trial in West Virginia in October.

Patients must trust that the makers of medical products take great care and caution with their research and development. When that does not happen, patients can suffer great physical harm or death. Anyone who believes that a product or procedure has been detrimental to his or her health may wish to contact an attorney in order to determine whether there is cause to move forward with a legal claim against the manufacturer.

Source: Reuters, “Boston Scientific ordered to pay $73 million over mesh device”, Jessica Dye, September 09, 2014

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