Boston Scientific Vaginal Mesh Verdict Reduced to Comply With Texas Law, Bernstein Liebhard LLP Reports

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The Firm is representing hundreds of women in transvaginal mesh lawsuits filed against Boston Scientific Corp. and other companies.

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It’s important to understand that the punitive damage award was reduced simply as a matter of Texas law, and does not in any way reflect negatively on the jury’s findings. This remains a very significant verdict.

A $73 million verdict recently awarded to a plaintiff in a transvaginal mesh lawsuit ( filed against Boston Scientific Corp. has been reduced to $34 million, Bernstein Liebhard LLP reports. According to court documents dated October 2nd, Texas District Court Judge Ken Molberg cut the plaintiff’s punitive damage award to $11 million. Among other things, Judge Molberg noted that Texas caps punitive damages at no more than two times a plaintiff’s economic losses, plus up to $750,000 in non-economic losses. (Salazar v. Lopez, No. DC-1214349, District Court for Dallas County, 95th Judicial District of Texas (Dallas)).

Last month, Boston Scientific was ordered to pay $23 million in compensatory damage plus $50 million in punitive damage to a woman who had been injured by the company’s Obtryx sling. Court records indicate that the Texas jury agreed with the plaintiff’s assertion that the pelvic mesh device was defectively designed, and that Boston Scientific’s handling of the product amounted to gross negligence.

“It’s important to understand that the punitive damage award was reduced simply as a matter of Texas law, and does not in any way reflect negatively on the jury’s findings. This remains a very significant verdict,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to offer free legal reviews to women who suffered mesh erosion, pain, scarring, infection and other serious transvaginal mesh complications, allegedly due to products marketed by a number of manufacturers.

Vaginal Mesh Litigation
According to court documents, Boston Scientific is named a defendant in more than 14,000 vaginal mesh lawsuits currently pending in U.S. courts. The majority of these claims have been filed in a federal multidistrict litigation now underway in U.S. District Court, Southern District of West Virginia, where Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs Steering Committee. (In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326)

Court records indicate that more than 60,000 vaginal mesh lawsuits are currently pending in several litigations underway in the Southern District of West Virginia. In addition to his involvement with the Boston Scientific Steering Committee, Mr. Grand is a also a member of the Plaintiffs Steering Committee for a number of these litigations, including those involving American Medical Systems, Inc. (MDL No. 2325), C.R. Bard, Inc. (MDL 2326) and Ethicon, Inc. (MDL No. 2327).

Mr. Grand was also appointed Co-Liaison Counsel in two consolidated proceedings established for C.R. Bard and Ethicon mesh lawsuits in New Jersey's Atlantic Superior Court. He was also a member of the trial team on the first Ethicon trial, which ended in March 2013 with an $11 million verdict for the Plaintiff. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10; In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)

Women who were allegedly harmed by transvaginal mesh may be entitled to seek compensation for their medical bills, lost wages, pain and suffering, and more. To learn more about filing a vaginal mesh lawsuit, please visit Bernstein Liebhard LLP's website or the firm's Facebook page: To arrange for a free legal consultation, please call 800-511-5092.

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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