Boston Scientific Transvaginal Mesh Lawsuit Pre Settlement Loans
Pre Settlement Funding on Recalled Boston Scientific Vaginal Mesh Litigation
UPDATE: 5/29/2015 – Boston Scientific just got slammed with a $100 MILLION judgment to a 51 year old Delaware woman injured by their product. While BS has vowed to appeal the ruling, this could no doubt have serious repercussions for a $119 million settlement reached last month meant to resolve 2,970 pending lawsuits. Learn more here.
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Boston Scientific mesh is one of many manufacturers that have been scrutinized under the public eye for thousands of injuries to women who suffered complications through the implantation and use of transvaginal mesh devices. Included in this list of manufacturers facing litigation are American Medical Systems, Boston Scientific, Coloplast, C.R. Bard, Neomedic, Ethicon – a subsidiary of Johnson & Johnson, and Cook Medical.
Lawsuits regarding transvaginal meshes have reached tens of thousands. Patients and plaintiffs said that side effects such a chronic pain, vaginal bleeding and scarring, organ perforation, infections, erosion of the mesh are only some of the common injuries that were attributed to receiving the implanted devices. It is not easy to rectify or resolve these complications, as they usually need multiple revision surgeries, and sometimes would include the removal of the mesh implant. However, removal of the implant does not guarantee that fragments of the mesh are fully eradicated from the body.
In spite of Boston Scientific’s efforts to bring the business back afloat and to resolve issues regarding their product line of surgical meshes, the company still faces a lot of financial trouble, not to mention many more lawsuits incoming even though one of the mesh products have already been pulled from the market.
Boston Scientific Lawsuits and Litigation
Boston Scientific is one of seven major manufacturers facing lawsuits for complications associated with surgical mesh products. Injuries as mentioned in the litigation include, but are not limited to, organ perforation, mesh erosion, and nerve damage. The cases against Boston Scientific are consolidated in a multidistrict litigation, In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326), and is overseen by United States Chief Judge Joseph Goodwin.
Multidistrict litigation regarding transvaginal mesh have reached over 60,000. The seven multidistrict litigation regarding transvaginal mesh products and their manufacturers that are being overseen by Chief Judge Goodwin are:
In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325);
In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326);
In re: Coloplast Corp., Pelvic Support System Products Liability Litigation (MDL No. 2387);
In re: Cook Medical, Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2440);
In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2187);
In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327);
In re: Neomedic Pelvic Repair System Products Liability Litigation (MDL No. 2511).
In November 2014, Boston Scientific suffered great losses in one of its many surgical mesh lawsuits. Through a jury verdict, four plaintiffs’ cases that were consolidated in federal court were awarded a total of $18.5 million. All four of the plaintiffs were implanted with the Obtryx mesh intended to treat stress urinary incontinence.
The jury in West Virginia found that the product in question was defectively designed, had insufficient instructions for doctors, and that the company was negligent in the design and in manufacturing the product. All failures were deemed by the jury as the cause for the development of the injuries the plaintiffs sustained. Campbell was awarded $3.25 million in compensatory damages and $1 million in punitive damages, Wilson was awarded $3.75 million and $1 million for compensatory and punitive damages respectively, Tyree was also awarded the same compensatory and punitive damages as that of Campbell, and lastly, Blankenship was awarded $4.25 million in compensatory damages and $1 million in punitive damages as well.
Also in November 2014, a Miami nine-person jury awarded $26.7 million in compensatory damages to four women that were previously implanted with Boston Scientific’s Pinnacle Pelvic Mesh Repair Kit. No punitive awards were given, though the product in question was found by the jury as defectively designed, and the company was found negligent for making it available to the market.
Boston Scientific Transvaginal Mesh Products
Boston Scientific produces, manufactures and markets multiple products to address several health conditions experienced by patients all over the world. The company categorizes their transvaginal mesh products into two categories. Under the Prolapse Repair Devices category, the following brands and products can be found: Pinnacle Pelvic Floor Repair Kit, Uphold Vaginal Support System, Polyform Synthetic Mesh, and Arise Vaginal Support System.
On the other hand, products under the bladder sling category that are manufactured and sold by Boston Scientific are: Advantage Transvaginal Mid-Urethral Sling System, Prefyx PPS System, Obtryx Sling System, Lynx Suprapubic Mid-Urethral Sling System, Advantage Fit Transvaginal Mid-Urethral Sling System, and Obtryx Transobturator Mid-Urethral Sling. Bladder slings are also used to treat stress urinary incontinence.
ProtoGen, created by Boston Scientific, was the first mesh sling to be manufactured. The company stopped manufacturing the product and pulled it off the market in 1999 due to safety issues, even though other manufacturers based their own development and design of mesh products on the design on ProtoGen. These manufacturers eventually pulled their products from the market as well.
FDA Recalls and Warnings
A class II recall was made by Boston Scientific in summer of 2011 for the Pinnacle Pelvic Floor Repair Kit. The recall was due to fears of needle detachment from the mesh during implantation. While the recall is unrelated to the complications associated with transvaginal mesh products, the recall occurred as the United States Food and Drug Administration started raising concerns regarding the negative health consequences of the devices.
Like most of the transvaginal mesh products in the market, the mesh products by Boston Scientific were also approved by the FDA through its 510(k) premarket approval process which bypasses the testing procedure for products. Products that go through the 510(k) process are approved so long as the product is substantially equivalent to another product in the market that has already been approved by the Food and Drug Administration.
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