Appeals Court Upholds $27 Million Judgment in Boston Scientific Transvaginal Mesh Lawsuits, Bernstein Liebhard LLP Reports
Oct 25, 2017, 15:09 ET
NEW YORK, Oct. 25, 2017 /PRNewswire/ -- The U.S. Court of Appeals for the Eleventh Circuit has upheld $27 million in judgements awarded to four women who suffered serious injuries and complications following implantation of Boston Scientific Corps.' pelvic mesh devices. (Case No.16-11818)
The four transvaginal mesh lawsuits were consolidated for trial in November 2014, with a jury in the the U.S. District Court, Southern District of Florida finding that the Pinnacle Pelvic Floor Kit was unreasonably dangerous and that Boston Scientific had failed to warn doctors and patients about its risks. Each plaintiff was awarded more than $6 million in compensatory damages, with individual judgments ranging from $6.5 million to nearly $6.8 million.
"We are extremely pleased that the appeals court has seen fit to uphold these judgments. We are representing hundreds of women who have filed transvaginal mesh lawsuits against Boston Scientific and other device makers and will continue to monitor this litigation for any developments that could impact our clients' cases," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to investigate legal claims on behalf of women who suffered serious vaginal mesh complications, allegedly due to products marketed by Ethicon and other manufacturers.
Transvaginal Mesh Litigation
The four transvaginal mesh lawsuits were part of a multidistrict litigation currently underway in the U.S. District Court, Southern District of West Virginia, that includes more than 26,700 cases filed against Boston Scientific Corp. Thousands of additional lawsuits involving pelvic mesh devices marketed by American Medical Systems, C.R. Bard, Inc., Ethicon, Inc. and. Cook Medical, Inc., have also been centralized in the Southern District of West Virginia.
Transvaginal mesh is indicated to treat women suffering from pelvic organ prolapse and stress urinary incontinence. In 2008, the U.S. Food & Drug Administration (FDA) warned that such devices had been associated with at least 1,000 reports of serious injuries and complications over the previous three-year period. A second alert was released in July 2011, after the number of complication reports related to transvaginal prolapse repair tripled.
Last year the FDA finalized regulations that reclassified transvaginal mesh indicated for prolapse repair as Class III (high risk) medical devices. The new rules also made such products ineligible for the agency's 510(k) clearance program, which had previously allowed such products to come to market without first undergoing human clinical trials.
Women who suffered serious complications allegedly associated with transvaginal mesh may be entitled to compensation for medical bills, lost wages, pain and suffering and more. To learn more, please visit Bernstein Liebhard LLP's website, or call 800-511-5092 to arrange for a free, no-obligation review of your potential claim.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3.5 billion on behalf of our clients. Bernstein Liebhard LLP is honored to once again be named to The National Law Journal's "Plaintiffs' Hot List," recognizing the top plaintiffs firms in the country. This year's nomination marks the thirteenth year the firm has been named to this prestigious annual list.
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