A Delaware vaginal mesh lawsuit resulted in $100,000,000.00 verdict and includes $25,000.000.00 in compensatory damages and $75,000,000.00 in punitive damages to a 51-year old woman who was fitted with the a vaginal mesh implant made by Boston Scientific, which was to aid with sagging organs and incontinence. Unfortunately, the mesh deteriorated and left her scarred, in pain, and unable to have sexual intercourse. Boston Scientific, who apparently was aware of the faulty product, did not divulge this information to the physicians, thus committing fraud. The verdict is a surprise from the state of Delaware, who has a reputation for being “corporate friendly” The same company was involved in another verdict in Texas regarding a product it manufactures called Obytryx. That verdict in that case was $73,000,000.00, which ranked as the eighth highest verdict issued by a jury in 2015.
Sadly, Boston Scientific is not the only medical manufacture making faulty mesh implants and other products related to women’s health that are faulty. At this time, there at least 7 other suits with similar product liability claims from companies like Johnson & Johnson and C.R. Bard. Judge Goodwin, who is overseeing over 75,000 of these product liability cases in Charleston, South Carolina, has suggested that the manufacturers try to come to an agreement to settle per-litigation because with so many cases it is going to be time consuming and costly for all parties involved. Johnson & Johnson and Boston Scientific have stated that they will move forward with litigation and showed no interest in settling, this was of course before the verdict in Delaware.
What is going to take for these manufactures to take responsibility for the damages they inflict upon these women? While the awards issued in the verdict sound like a large amount, to these companies they are merely drops in the bucket. Meanwhile, their stock is rising as each time they settle as the case is no longer looming over them, making investors less nervous about their profits.
Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC is representing a 51 year old woman in a vaginal mesh lawsuit in New Hampshire. If you or anyone you know feels you have been subject to malpractice regarding mesh transplants, please feel free to contact our office for a free evaluation.