Jury Finds for Four Women in Multi-Million-Dollar Boston Scientific Bellwether Cases, Parker Waichman LLP Comments

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The women similarly allege injuries associated with Boston Scientific’s Pinnacle Pelvic Floor Repair Kit.

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“We are delighted with the jury’s finding,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.

Parker Waichman LLP, a national law firm that has long been dedicated to protecting the rights of victims who have been injured by medical devices, comments on a case in which a Florida federal jury found in favor of four women who allege they suffered injuries as a result of Boston Scientific Corp.’s pelvic mesh implant device, the Pinnacle Pelvic Floor Repair Kit. The jury awarded the four women with $26.7 million. The case is Amal Eghnayem et al. v. Boston Scientific Corp., case number 1:14-cv-24061, in the U.S. District Court for the Southern District of Florida.

This is the first federal jury verdict in the litigation brought against Boston Scientific over its vaginal mesh devices. The jury found Boston Scientific negligent because the device maker manufactured the Pinnacle Pelvic Floor Repair Kit in a way that was unreasonably dangerous to users of the device, as well as that Boston Scientific neglected to warn the women of foreseeable risks, according to plaintiffs’ attorney. (Amal Eghnayem et al. v. Boston Scientific Corp., case number 1:14-cv-24061, in the U.S. District Court for the Southern District of Florida.)

The jurors also found that the Pinnacle device was defective at the time of its sale, that the device did not meet the reasonable expectations of its foreseeable users, that the device’s risks outweigh its benefits, and that the device did not have sufficient warnings regarding its risks. The jury awarded $6.53 million in compensatory damages to plaintiff Mania Nunez, $6.72 million each to Juana Betancourt and Amal Eghnayem, and $6.76 million to Margarita M. Dotres. Punitive damages were not awarded. (Amal Eghnayem et al. v. Boston Scientific Corp., case number 1:14-cv-24061, in the U.S. District Court for the Southern District of Florida.)

The plaintiffs similarly claimed that their having been implanted with the Pinnacle device led to infection, scar tissue, organ perforation, blood loss, and chronic pelvic pain, to name just a few injuries noted. Although the lawsuit was filed in West Virginia federal court, a district judge transferred the consolidated case to the Southern District of Florida, in October as all of the women received implants in Florida, according the lawsuit. (Amal Eghnayem et al. v. Boston Scientific Corp., case number 1:14-cv-24061, in the U.S. District Court for the Southern District of Florida.)

Tens of thousands of product liability lawsuits remain pending against various pelvic mesh manufacturers in state and federal court nationwide and the case is Boston Scientific (In Re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326).

In September, Boston Scientific experienced its first loss over its pelvic mesh products when a Texas state jury found that a safer design was available for Boston Scientific’s Obtryx Transobturator Mid-Urethral Sling, that the device was unreasonably dangerous as marketed; and that the device maker acted with gross negligence, finding for the plaintiff in the amount of $73 million. The case is Salazar v. Lopez, case number DC-1214349, in the District Court for Dallas County, 95th Judicial District of Texas.

“We are delighted with the jury’s finding,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “We represent many women who have filed lawsuits over alleged injuries associated with vaginal implants and continue to provide free legal advice for anyone who seeks more information about their rights.”

Parker Waichman has filed a number of lawsuits against vaginal mesh device makers:

  •     Johnson & Johnson (In Re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327
  •     American Medical Systems (In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325)
  •     Boston Scientific (In Re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326).

Parker Waichman LLP continues to offer free lawsuit consultations to victims of transvaginal mesh, pelvic mesh, and vaginal implant injuries. If you or a loved one experienced complications following mesh-related surgery for pelvic organ prolapse (POP) or stress urinary incontinence (SUI), please visit the firm's http:// transvaginal mesh injury page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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