The Litigation Counsellor®
Jury Awards $100 Million Verdict in Mesh Trial
On Thursday, May 28, 2015, a Delaware State Court jury held that Boston Scientific Corporation must pay $100 million to 52-year-old Delaware resident, Deborah Barba, who claimed permanent injury resulting from the company’s vaginal mesh inserts. The award included $25 million in compensatory damages and $75 million in punitive damages. The jury’s award came at the conclusion of a two-week trial and seven hours of deliberation.
Transvaginal Mesh: Transient Notions of Consumer Safety
Since 2008, thousands of plaintiffs have filed lawsuits against manufacturers and sellers of defective pelvic mesh products, commonly referred to as transvaginal mesh (“TVM”). Plaintiffs include women who received TVM implants to treat Pelvic Organ Prolapse (“POP”) or Stress Urinary Incontinence (“SUI”), common conditions involving the weakening of the vaginal walls after childbirth. TVM is a surgical mesh typically made from polypropylene, a plastic material surgically implanted into or attached to the vaginal wall. TVM related complications include mesh contraction and mesh erosion causing severe pain, vaginal scarring, infection, urinary problems, inability to have sex, and perforations of the bowel, all of which will likely require one or more revision surgeries. Plaintiffs also include men asserting injury claims sustained during sexual relations, as well as derivative claims for loss of consortium.