Lead plaintiff Martha Salazar emerged victorious in a transvaginal mesh bellwether trial, when the jury determined that the device manufacturer Boston Scientific Corp owed a total of $73.4 million to affected claimants.
First developed to treat pelvic organ prolapse, transvaginal mesh systems had been implanted in over 185,000 women by 2010. However, many women noticed complications, ranging from mild to severe, with their implants. These included “erosion” of the implants, where the mesh would break through the vaginal wall. Other complications included infections, nerve damage, extreme pain, and the inability to urinate without a catheter.
Salazar, whose trial is one of many in a larger ongoing multi-district litigation, filed suit against Boston Scientific after experiencing severe complications directly resulting from the use of their Obtryx transvaginal mesh implant product. She had the product implanted four years ago to treat her stress urinary incontinence condition; however, since receiving the transvaginal mesh implant, her suffering has only worsened. For example, one of the new symptoms Salazar allegedly experiences is permanent nerve damage.
Earlier in this year, Endo International, supervisor of American Medical Systems, agreed to pay $830 million to settle the claim that the company had been negligent in not properly warning doctors or patients of the risks associated with transvaginal mesh, though the company did not admit fault and a jury of peers did not hand down a verdict of fault. Unlike that previous case, Salazar’s is the first of its kind, in which a jury found the manufacturer of the transvaginal mesh product guilty of negligence.
Despite Salazar’s victory, there are still 12,000 pending vaginal mesh lawsuits. Other trials that fall under the jurisdiction of Boston Scientific are set to be tried later this year; one of these will be affecting at least eleven separate Obtryx vaginal mesh lawsuits.
Written by Shayna Keyles
“Shayna Keyles is a blogger and social media marketer based in Louisville, Kentucky. When not working with RD Legal, she helps small businesses manage their online profiles and explores uncharted areas. You can follow her on Twitter at @SKLiaison or contact her at email@example.com.”