Houston, TXFor the first time in a federal transvaginal mesh lawsuit, plaintiffs were awarded compensatory damages. Attorneys believe this verdict paves the way for more than 60,000 TVM cases pending with mesh manufacturers.
Earlier this month, jurors awarded four women $11 million in their transvaginal mesh lawsuits against Boston Scientific. (The award was reduced from the $26.7 million verdict because Texas caps punitive damages at no more than two times a plaintiff’s economic losses, plus up to $750,000 in non-economic losses.) What makes this verdict hopeful for thousands of claimants is that this trial was a “bellwether,” or test trial, which helps determine both plaintiff and defendant values.
Boston Scientific had won the first two cases that went to trial over its mesh products. In state court, Boston Scientific had two wins and one loss, which was reduced from $73 million to $34 million.
During the eight-day Miami trial, plaintiffs’ lawyers argued that Boston Scientific failed to perform critical safety studies in its rush to bring the device to market, according to Reuters. The drug company denied that its mesh products had design flaws and held that adequate warnings about the implants’ risks were provided.
Tell that to Charlene. She had a Boston Scientific mesh device implanted for stress urinary incontinence seven years ago, and has been suffering ever since.
“I’ve had three surgeries to re-secure this mesh and my incontinence has worsened,” Charlene says.
“Not only do I have to wear pads (which is costing me a small fortune) all the time, I didn’t have this pain or infections before I had the mesh.”
Charlene says the surgery failed because every time she laughs or coughs she has no control. As well as urinary leakage, she has taken several rounds of powerful antibiotics to fight one infection after another.
“I have constant pain in my lower right side and my doctor can’t figure out why,” Charlene adds. “After reading about so many women who have similar transvaginal mesh side effects, I want all of this mesh removed. Because my doctor is hesitant, I think the procedure to remove the mesh is out of his realm. I also believe that the mesh manufacturers should be held accountable: I think that Boston Scientific never told him about transvaginal mesh risks, otherwise he would have told me.”
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