Texas- A jury recently awarded $73.5 million dollars ($23 million dollars in compensatory damages and an additional $50 million dollars in punitive damages) to Martha Salazar after finding that Boston Scientific’s vaginal mesh implant (TMV) was liable for leaving Ms. Salazar in severe pain following a TVM implant.
The Massachusetts- based company, Boston Scientific, manufactured the Obtryx bladder sling that caused Ms. Salazar’s permanent injuries.
Ms. Salazar, a 42-year-old former property manager, stated that she could no longer walk or sit normally and in addition, suffered severe pain after she was implanted with the mesh sling that was intended to treat mild incontinence. She suffered several internal injuries from the bladder sling that required 42 additional procedures and four major surgeries to attempt to correct the trauma the sling caused.
“This woman was seeking help with minor urine leakage and wound up with a catastrophic, life-altering injury that required four major surgeries. It’s a tragedy that these slings are still on the market.” Ms. Salazar’s lawyer Dave Matthews stated.
Several critics of TVM hope these large awards will help to deter manufacturers of Transvaginal mesh from producing more dangerous devices. Mesh has been used in medical procedures for quite a while, but there is much speculation as to whether it was designed to support pelvic tissue.
Concluding a two-week trial, the Dallas, TX jury found Boston Scientific acted with gross negligence, and thus allowed the award for punitive damages.
“Over a seven-year period, Boston Scientific failed to warn doctors and their patients of the serious complications associated with the Obtryx sling, even though the company was aware of the product’s problems,” Matthews said in a statement.
During the trial Ms. Salazar’s legal team presented evidence that Boston Scientific was aware of the sling’s dubious safety record. The evidence included an internal e-mail from a Boston Scientific executive to sales representatives telling them to keep results of a company study questioning device safety from physicians.
After the Jury found that the mesh sling was faulty and that Boston Scientific failed to warn doctors and patients, they awarded Ms. Salazar $23 million dollars in compensatory damages.
Boston Scientific has denied liability and has made plans to appeal. Boston Scientific has claimed that Ms. Salazar failed to show at trial the mesh sling was “unreasonably dangerous,” the Minneapolis Star-Tribune reported. Boston Scientific faces an additional 23,000 additional mesh lawsuits. This is the first trial loss for the device maker after winning its first two trials for transvaginal mesh injury.
Know that you are not alone and our experienced attorneys are here to help. Call 1-855-423-3666 for a free and confidential case evaluation.
And for more information regarding the harm of transvaginal mesh implants download a copy of our free E-book, Transvaginal Mesh Lawsuits: What You Need to Know If You Have Suffered Harm from Vaginal Mesh Implants.
Be sure to check back each week for more blogs regarding transvaginal mesh injury and what we can do to help.