This amount should be a wake-up call to Boston Scientific in this relatively conservative venue. The numbers are adding up.
CHARLESTON, W. Va. (PRWEB) November 25, 2014
Managing partner for The Bell Law Firm, Harry F. Bell, Jr., announced on Nov. 20 that a West Virginia jury has awarded four female plaintiffs $18.5 million for their case against mesh sling manufacturer Boston Scientific Corporation.
In Tyree v Boston Scientific (2:12-cv-08633), Jacquelyn Tyree, Carol Campbell, Jeanie Blankenship and Chris Rene Wilson alleged that Boston Scientific’s Obtryx Transobturator Mid-Urethral Sling System, used to treat stress urinary incontinence, was defectively designed and manufactured. The claimants also argued that Boston Scientific was negligent in marketing the product.
The plaintiffs claimed that as a result of surgical implantation of Obtryx, they experienced mesh contraction, infections, inflammation, organ perforation and many more medical complications. Each woman was awarded $1 million in punitive damages based upon the jury’s finding that Boston Scientific acted with gross negligence. Compensatory damages ranged between $3.25 million and $4.25 million.
“In these cases, the jurors clearly understood that Boston Scientific moved too quickly in bringing its product to market, and that it used inappropriate materials while at the same time failing to warn doctors and patients about the risks involved,” said Bell. “Although we expect an appeal and a long fight ahead, we are extremely gratified that justice has been served with these verdicts.”
The case, heard before U.S. District Judge Irene Berger, was in its third week in federal court in Charleston, W.Va. The jury deliberated for less than one day before making their final decision.
The Plaintiffs were represented by The Bell Law Firm, PLLC of Charleston, W.Va.; the Monsour Law Firm of Longview, Texas; Andrus Wagstaff PC of Lakewood, Colo., Clark, Love & Hutson of Houston, Texas; Greene, Ketchum, Farrell, Bailey & Tweel of Huntington, W.Va.; Motley Rice LLC of Mount Pleasant, S.C.; and Frankovitch, Anetakis, Colantonio & Simon of Weirton, W.Va.
“If it had been a big number, it could be written off as a crazy jury decision. We are not used to big numbers here but they still found punitive damages,” said Bell. “This amount should be a wake-up call to Boston Scientific in this relatively conservative venue. The numbers are adding up.”
More than 67,000 cases against several mesh manufacturers have been consolidated in West Virginia. Boston Scientific is facing 23,000 defective product lawsuits over its pelvic mesh products.
The Bell Law Firm is currently processing Boston Scientific mesh claims for resolution. For further information, visit belllaw.com, or call The Bell Law Firm at 1-800-342-1701.
About The Bell Law Firm
With the legal and technical resources necessary to litigate the most complex personal injury cases, The Bell Law Firm is proud to represent injury and accident victims from their office in Charleston, West Virginia. Having recovered millions of dollars for personal injury victims, the experienced attorneys at The Bell Law Firm work closely with their clients to successfully deliver justice on their behalf. For more information or for a free, no-obligation case review, visit belllaw.com or call 1-800-342-1701.
The Bell Law Firm
30 Capitol Street
Charleston, W.Va. 25301