A Federal jury in Miami, Florida awarded $27 million to four women who were injured by defective mesh product manufactured by Boston Scientific. Boston Scientific will not face additional punitive damages. The jury returned a verdict finding negligence by Boston Scientific with the Pinnacle Pelvic Floor Repair Kit. The jury found that this product was unreasonably dangerous to its users and failed to warn the plaintiffs of foreseeable risks. The Florida case is Eghnayem v. Boston Scientific Corp., 14-cv-24061, U.S. District Court, Southern District of Florida (Miami).
Click here to read the full article: UPDATE 3-Boston Scientific ordered to pay $26.7 million over mesh devices
The next case to be tried is set for December 4, 2014 against Ethicon product Prolift. This case involves a plaintiff who has had revision surgeries since her implantation. Motions have been submitted, and they are awaiting a ruling from the Court.
There are also a number of trials starting in state courts regarding Ethicon products. There are trials set in New Jersey, Missouri, Texas, and California. In New Jersey, there are 3 bellwether trials that are expected to be tried next year. In Missouri, there is a trial coming up regarding a plaintiff that was implanted with the Ethicon Prolift device.
Vaginal Mesh Trial History
Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced. In July 2012, a California jury awarded Christine Scott and her husband $5.5 million after she underwent nine revision surgeries. Scott sued C.R. Bard in 2009 over its Avaulta Plus mesh product.
In February 2013, Linda Gross won $11.11 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its Prolift vaginal mesh product. Gross had 18 surgeries. The New Jersey jury found that J&J failed to warn patients and doctors about the risks of its mesh products and made fraudulent misrepresentations.
On August 15, 2013, after about 12 hours of deliberation, the jury found for Donna Cisson in her vaginal mesh trial against manufacturer C.R. Bard Inc, and found damages in the amount of $250,000 and $1.75 million in punitive damages. The jury found that Bard failed to provide adequate warnings as to the defects in its vaginal mesh product and that the device was defective. Judge Joseph Goodwin upheld the 2 million verdict in October 2013 as appropriate and that Cisson’s attorneys proved the company’s vaginal mesh was the cause of her injuries. In Queen vs. Bard, starting trial immediately after Cisson, a settlement was reached after the jury was selected. Finally, Bard settled Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems before trial commenced in New Jersey.
On February 18, 2014, Judge Joseph Goodwin granted Ethicon’s Motion for Directed Verdict at the close of Plaintiff’s case in Lewis vs. Ethicon, Inc. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).
On April 4, 2014, a Dallas jury found for the plaintiff Linda Batiste and ordered Johnson & Johnson to pay $1.2 million for its defective design of the Ethicon TVT-O pelvic mesh.
Two Massachusetts juries recently rejected women’s claims that Boston Scientific’s incontinence sling was defective designed and injured women.
On September 5, 2014, a federal jury in West Virginia found for the plaintiff Jo Huskey and ordered Johnson & Johnson’s Ethicon to pay $3.27 million.
On September 9, 2014, a Dallas federal jury found for the plaintiff Martha Salazar and awarded a verdict against Boston Scientific of $73 million, including $50 million in punitive damages, which was later reduced to $34 million.
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