Will Recent Mesh Verdicts Hurt Boston Scientific With Remaining Bladder Mesh Lawsuits Examined By Wright & Schulte LLC


Two Separate Federal Juries Hearing Bladder Mesh Lawsuits Ordered Boston Scientific To Pay A Combined $45 Million in Awards To 8 Women Who Allege They Suffered Injuries Due To The Company’s Transvaginal Mesh Devices.

Wright & Schulte LLC notes that Boston Scientific Corp’s recent loss of two federal bellwether trials over its transvaginal mesh Vaginal-Mesh-Lawsuit-Verdict-Wright-and-Schulte-LLCdevices has legal experts believing that the company’s costs to settle thousands of pending bladder mesh lawsuits will increase. Reuters reported that legal experts believe the value the two juries placed on the vaginal mesh claims is significant. On November 20, a jury in West Virginia awarded four women $18.5 million in compensatory damages and on November 13, a jury in Miami awarded four women $26.7 million in compensatory damages for their alleged injuries from Boston Scientific’s pelvic mesh products. Unlike punitive damages which punish a defendant for wrongdoing, compensatory damages are associated with a plaintiff’s actual injuries and provide a more reliable indication of how much the claims are worth, the experts said in the Reuters report. Additionally, compensatory damages are harder to reduce on appeal than punitive damages. Howard Erichson, a professor at Fordham Law School was quoted as saying that the large jury verdicts “has to hurt” Boston Scientific which now has to find a way to settle the bulk of its remaining cases.
[reuters.com/article/2014/11/21/us-boston-scient-mesh-litigation-analysi-idUSKCN0J52G220141121, November 21, 2014]

The firm is currently representing hundreds of women in vaginal mesh lawsuits and continues to speak with women who have experienced side-effects from bladder mesh and pelvic mesh implants. For a free legal consultation contact one of the product liability attorneys at Wright & Schulte LLC by calling 1-800-99-0795 or visit www.yourlegalhelp.com for more information and updated news on surgical mesh impalnts.

Boston Scientific said in its third quarter filing to the U.S. Securities and Exchange Commission that more than 24,000 product liability lawsuits are pending over the company’s transvaginal surgical mesh products. The number of pending bladder mesh lawsuits include 14,272 complaints consolidated in multidistrict litigation in the U.S. District Court, Southern District of West Virginia and over 2,500 lawsuit complaints pending in Middlesex County Superior Court in Massachusetts. The company said in its filing that it does not believe that the judgement in any one trial is representative of the potential outcomes in all cases related to its transvaginal surgical mesh devices. Wright & Schulte LLC notes that bellwether trials help plaintiffs and defendants predict trends in similar lawsuits tried in the future. As the Reuters report stated, bellwether, or test trials, do not predict that every woman will win her pelvic mesh complaint but the trials show how juries value the plaintiffs’ cases.
[sec.gov/Archives/edgar/data/885725/000088572514000030/q32014form10q.htm, September 30, 2014]

Transvaginal surgical mesh products are approved by the U.S. Food and Drug Administration (FDA) to treat stress urinary incontinence and pelvic organ prolapse. Pelvic mesh products support the bowel, bladder, and uterus when these organs become weak and drop from their normal position and bulge into the vagina. In 2008 and 2011, the FDA issued warnings over the transvaginal surgical mesh products because of complaints the federal agency received from women who said that they suffered vaginal scarring, bleeding, shrinkage, pelvic pain and other complications after they had bladder mesh implants. In April 2014, the FDA, based on a recommendation from the agency’s Obstetrics and Gynecology Devices Panel, recommended reclassifying transvaginal surgical mesh products from “moderate risk” to “high risk” because the safety and effectiveness of the devices have not been established.
[federalregister.gov/articles/2014/05/01/2014-09907/reclassification-of-surgical-mesh-for-transvaginal-pelvic-organ-prolapse-repair-and-surgical, May 1, 2014]

Bladder Mesh Lawsuits

Court records indicate that Boston Scientific Corp. is one of seven transvaginal mesh manufacturers facing lawsuits that were filed on behalf of women who allege that they suffered injuries including nerve damage, infection, pain during intercourse, mesh erosion, bleeding and vaginal scarring due to having a bladder mesh implant. Nearly 67,000 pelvic mesh lawsuits are pending against the seven manufacturers in the U.S. District Court, Southern District of West Virginia where the multidistrict litigation is being managed by U.S. District Judge Joseph R. Goodwin. Court documents also show that in addition to the two federal jury trials in November, a Texas state court jury awarded $73 million to a woman who allegedly suffered permanent injuries from Boston Scientific’s bladder mesh sling. The trial judge later reduced the award to $34.6 million. (Case No. DC-1214349, District Court for Dallas County, 95th Judicial District of Texas (Dallas))[jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-November-17-2014.pdf, November 17, 2014]

According to the Reuters report, Boston Scientific said that it would challenge the recent jury verdict awards in the transvaginal mesh lawsuits. The legal experts in the report said that large jury awards put pressure on companies to increase settlement offers to prevent cases from going to trial.
[reuters.com/article/2014/11/21/us-boston-scient-mesh-litigation-analysi-idUSKCN0J52G220141121, November 21, 2014]

About Wright & Schulte LLC

Wright & Schulte LLC, an experienced personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright Schulte LLC stand up for the rights of people who have been injured or wronged, and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free transvaginal mesh lawsuit case evaluations are available through yourlegalhelp.com, or call 1-888-399-0795.

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