Transvaginal Mesh Lawsuit Gets $73.5 Million Award

Dallas, TXA transvaginal mesh lawsuit has resulted in an award of $73.5 million, after the jury found that Boston Scientific’s actions concerning its transvaginal mesh constituted gross negligence. Meanwhile, a lawsuit against Ethicon concerning its transvaginal mesh side effects has resulted in a $3 million award.

In the Boston Scientific lawsuit, Martha Salazar alleged she suffered nerve damage, pain and infections linked to the transvaginal mesh. According to the Star Tribune (9/10/14), Salazar had the Obtryx sling implanted in January 2011. She alleged Boston Scientific negligently designed and marketed Obtryx. Salazar’s lawsuit was one of approximately 23,000 filed against Boston Scientific, with seven companies in all facing lawsuits concerning their vaginal mesh products.

The jury in Salazar’s lawsuit agreed that the company was negligent, awarding her $23.5 million in compensatory damages and $50 million in punitive damages.

Lawyers for Boston Scientific, which had previously won two vaginal mesh lawsuits, reportedly argued that Salazar did not show the mesh was unreasonably dangerous.

Meanwhile, Johnson & Johnson also lost its transvaginal mesh lawsuit and was ordered to pay $3.27 million to Jo Huskey, who claimed her mesh implant eroded, requiring surgery. Huskey was implanted with the Ethicon (a unit of Johnson & Johnson) TVT-O mesh in 2011 to treat stress urinary incontinence, according to Bloomberg (9/5/14), but required surgery to remove the device after developing painful symptoms.

Huskey alleged the transvaginal mesh was defectively designed and officials failed to warn doctors and patients about the potential for the mesh to erode and cause health problems. The judge in the case previously ruled that Huskey could not seek punitive damages from Johnson & Johnson. The jury awarded Huskey $100,000 in past medical expenses, $470,000 for pain and suffering, $2.5 million for future pain and suffering and $200,000 to Huskey’s husband for loss of consortium, The West Virginia Record (9/9/14) reports.

Johnson & Johnson reportedly faces approximately 30,000 lawsuits alleging the transvaginal devices are defective and caused injuries to women. A lawyer for Johnson & Johnson said the verdict is disappointing.

The Huskey lawsuit is Huskey v. Ethicon, 12-cv-05201, US District Court, Southern District of West Virginia. The Multi District Litigation is MDL case number 2327.

Lawsuits have been filed against a variety of device makers, alleging transvaginal mesh products were defectively designed and patients were not properly warned about the risk of complications associated with the devices. Some lawsuits have already gone to court with mixed results. Although the plaintiffs have won a few lawsuits, the defendants have been successful in others.