Product Liability Lawyer Blog
According to a recent article from FDA News, Boston Scientific has entered into a private settlement agreement with a plaintiff who was suing the company for injuries she alleged are related their defective transvaginal mesh implant.
This transvaginal mesh lawsuit was being heard before the United States District Court for the Central District of California. Trial has already begun in this case, and there had been about a week of testimony and evidence presented prior to the parties agreeing to settle the matter, rather than letting a jury ultimately decide on the case.
Specifically, this case involved an injury to plaintiff allegedly caused by the Pinnacle transvaginal mesh device. As our Boston transvaginal mesh injury lawyers can explain, Boston Scientific’s Pinnacle transvaginal mesh device was marketed by the company as a less invasive and more effective way to treat pelvic organ prolapse (POP) than traditional surgical methods, which required an open surgical field created by a large incision.
Surgeons implanting a Pinnacle device and other similar devices were able to make a small incision in the patient’s pelvic area and insert a sling designed to hold the mesh implant in place. The mesh implant would then provide support to the pelvic floor and vaginal walls. With such a small incision, there was a much shorter recovery time, and the treatment became very popular. In one year alone, more than 70,000 women had chosen to undergo a procedure to insert a mesh implant such as Pinnacle.
However, in the same year these transvaginal mesh implants started becoming popular, the United States Food and Drug Administration (FDA) became aware of common problems, such as mesh erosion, and alerted the public. Mesh erosion caused surrounding tissues to wear away, causing significant pain and suffering.
The recent trial was the sixth case to actually go to trial involving the Pinnacle transvaginal mesh implant. However, there are far more cases pending against Boston Scientific, a medical device company headquartered in Marlborough, Massachusetts. The company is still facing more than 25,000 defective products lawsuits from women who claim these transvaginal mesh devices caused a serious medical condition known as stress urinary incontinence. Industry insiders believe the company has allocated nearly $120 million to settle a few thousand of the many cases currently pending against them.
With respect to some of the other Pinnacle mesh implant cases that actually went to trial, Boston Scientific lost two cases in Miami and West Virginia and was ordered to pay combined damages of around $50 million to victims of their defective vaginal implants. Victims in those cases alleged serious pain and suffering, and they developed a severe infection as a result of the transvaginal mesh implants.
It should be noted, when Boston Scientific recently settled this case, as is typical in the case of any settlement, they denied any and all liability and continued to argue that their products were safe and non-defective. They deny that their products caused any injury to plaintiffs. The reason they require a release of liability in exchange for settling a case is because they do not want a settlement agreement in one case to be used against them in future cases.
If you are the victim of a defective medical device in Boston, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Boston Scientific Settles Another Transvaginal Mesh Lawsuit , May 13, 2015, FDA News
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