Santa Clara, CADespite recent settlements, plaintiffs who have filed Boston Scientific transvaginal mesh lawsuits, which have been consolidated as a mass torte, have been told not to expect a global resolution in the near future.
The medical device maker has established qualified settlement funds with five law firms across the country to cover allegations that its pelvic mesh devices were faulty. The most recent of which was established last month in the multidistrict litigation (MDL), captioned In re Boston Scientific Pelvic Repair System Products Liability Litigation.
According to attorneys involved in the litigation, the agreements indicate that the litigation will probably be resolved on a piecemeal basis, or a case by case basis, rather than through a global settlement.
One of the bellweather trials against Boston Scientific, in November 2014, involved four plaintiffs alleging faulty mesh caused bleeding and infections. The trial concluded with a Miami jury ordering the a $26.7 million verdict against pelvic mesh-maker. Prior to that trial, a jury awarded $73 million against Boston Scientific, which was later reduced to $34.6 million.
Other transvaginal mesh makers, such as American Medical Systems and Johnson and Johnson’s Ethicon, which makes Gynecare transvaginal mesh, have faced multi-million dollar verdicts. J&J’s Ethicon received a $12.5 million award against it.
According to court papers in the Boston Scientific MDL, the court began establishing settlement funds following these awards. In April 2015, Boston Scientific agreed to pay $119 million to settle nearly 3,000 cases. However, there is no indication as to whether recent settlements will fall under that settlement.
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