This case, which court records show marked the first time a jury ruled against Boston Scientific in a vaginal mesh lawsuit, was closely watched for insight into how other juries might decide similar cases involving the company’s pelvic mesh devices.
New York, New York (PRWEB) June 08, 2015
Boston Scientific Corp. has asked a Texas appeals court to overturn a $34.5 million verdict awarded to a transvaginal mesh lawsuit (http://www.vaginalmeshlawsuit2015.com/) plaintiff last year. According to court documents filed on June 1st with the Texas Court of Appeals for the Fifth District, the company asserts, among other things, that it could not have been negligent in the manufacturing of its Obtryx mesh device because doctors had adopted transvaginal mesh as the standard of care for treating stress urinary incontinence. (Case No. DC-1214349)
“This case, which court records show marked the first time a jury ruled against Boston Scientific in a vaginal mesh lawsuit, was closely watched for insight into how other juries might decide similar cases involving the company’s pelvic mesh devices. As our Firm is representing numerous women in claims involving Boston Scientific products, we will continue to monitor developments in this matter with great interest,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to offer free legal consultations to alleged victims of serious vaginal mesh complications.
Boston Scientific Transvaginal Mesh Litigation
According to court documents, the Texas lawsuit was one of more than 25,000 product liability claims that have been filed in state and federal courts over Boston Scientific transvaginal mesh devices. In September 2014, the jury hearing the Texas case awarded the plaintiff $73 million in punitive and compensatory damages. However, court records show that punitive damages were later reduced to comply with Texas law, reducing the total judgment to $34 million.
Earlier that summer, Boston Scientific had prevailed in two transvaginal mesh trials that were convened in Massachusetts’s Middlesex Superior Court. (Case Nos. No. 12-0909 and MICV2012-02912).However, since the Texas trial concluded, court records show that the company has lost a number of other trials, including two federal bellwether trials that were convened last year. The first concluded on November 20, 2014, in the U.S. District Court, Southern District of West Virginia, after the jury awarded a total of $18.5 million, including $4 million in punitive damages, to four women who were injured by the Obtryx implant. (Case No. No. 12-cv-8633) A week earlier, a jury empaneled in the U.S. District Court, Middle District of Florida, to hear a case involving Boston Scientific’s Pinnacle Pelvic Floor Repair Kit awarded more than $26 million to four women who were injured by that device. (Case No. 2:13-7965)
Just last week, a jury in Delaware Superior Court ordered Boston Scientific to pay $100 million in compensatory and punitive damages to a woman who suffered complications related to its Pinnacle and Advantage Fit devices. (Case No. CA 11C-08-050-MMJ)
“Like the trial that concluded in Texas last year, all of these trials were monitored with great interest for any insight they could provide regarding the strength of plaintiffs’ claims in similar vaginal mesh lawsuits,” said Sandy A. Liebhard.
Bernstein Liebhard LLP is currently representing vaginal mesh lawsuit plaintiffs in a number of multidistrict litigations now underway in U.S. District Court, Southern District of West Virginia. Court documents indicate that more than 75,000 cases are pending in these proceedings, including: In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation - MDL No. 2325; In Re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326; In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation - MDL No. 2387; In Re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation - MDL No. 2440; In re: Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation - MDL No. 2327; and In Re: Neomedic Pelvic Repair System Products Liability Litigation - MDL No. 2511.
In addition, the Firm is pursuing numerous claims against C.R. Bard and Ethicon in two multicounty litigations currently underway in New Jersey’s Bergen County Superior Court. (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 pelvic mesh implants may be eligible to receive compensation for medical bills, lost wages, pain and suffering and other damages. Find out more about transvaginal mesh complications by visiting Bernstein Liebhard LLP's website or the firm's Facebook page: https://www.facebook.com/meshlawsuit. 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 National Law Journal has recognized Bernstein Liebhard for twelve consecutive years as one of the top plaintiffs' firms in the country. 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. © 2015 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.
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP