BOSTON SCIENTIFIC TRANSVAGINAL MESH TRIALS
Mesh trials against Boston Scientific for pelvic mesh products have been met with mixed results. To date twelve cases have gone to a jury against the manufacturer of the recalled Pinnacle system, the Uphold system, and the Obtryx sling. The Plaintiffs’ have won eight of these cases and the Defendant has won four.
Most recently in Missouri, Boston Scientific prevailed in a case in Kansas City, Missouri. A jury found that the Solyx mesh product, and a C.R Bard mesh product named the Align, were not defectively designed. This trial marked the first time that a mesh trial was conducted against the manufacturers of two different mesh products.
This case was in stark contrast to the $100 million dollar verdict obtained in Delaware State Court for Debroah Barba. Ms. Barba was implanted with the Boston Scientific Pinnacle Repair Kit. A Delaware jury awarded Ms. Barba a significant jury verdict as a result of the removal of her mesh implants. The Plaintiff was implanted with both the Pinnacle system and the Advantage Fit sling. Even though punitive damages were awarded against Boston Scientific, the Judge then reduced the award to $10 million dollars.
In the Barba case, the jury found that Boston Scientific was negligent in the design of both products, and that the company failed to adequately warn about the dangers of the product. In particular Boston Scientific purchased the polypropylene mesh from Phillips Sumika. In the Material Safety Data Sheet (MSDS) that was supplied with the mesh stated that the mesh was not to be used to make implantable medical devices.
The Material Safety Data Sheets supplied to mesh manufacturers such a C.R. Bard and Boston Scientific have played significant roles in the damage phases of trials. C.R. Bard used mesh in its Avaulta Plus products from Phillip Sumika. Again the MSDS stressed “Do not use this Phillips Sumika Polypropylene Company Material in applications involving permanent implantation in the human body.”
Boston Scientific has continued to stand by its products despite significant jury verdicts against it in Florida and West Virginia. Please contact the Naumes Law Group if you were implanted with transvaginal mesh. Our firm is able to pursue these cases both in Massachusetts State Court against Boston Scientific, and in West Virginia against the other manufacturers of these mesh products.