CHARLESTON, W. Va. – A federal appeals court has upheld an $18.5 million jury verdict in a Boston Scientific Obtryx Sling transvaginal mesh device case.
The 4th Circuit Court of Appeals ruled that the evidence supported the jury’s finding that company negligently designed the device and failed to provide adequate warnings.
Plaintiffs alleged that after being implanted with the Obtryx device, they experienced “erosion, mesh contraction, infection, fistula, inflammation, scar tissue, organ perforation, dyspareunia, blood loss, neuropathic and other acute and chronic nerve damage and pain, pudendal nerve damage, pelvic floor damage, and chronic pelvic pain.”
A jury awarded the plaintiffs a total of $14.5 million in compensatory damages and $4 million in punitive damages. The jury found that plaintiffs had established that there was a defect in the design of the Obtryx device and that Boston Scientific failed to warn surgeons of the risks.
The jury further found that plaintiffs had proved that Boston Scientific’s actions “showed gross fraud, malice, oppression, or wanton, willful or reckless conduct,” and awarded $4 million in punitive damages.
Charles E. Boyk Law Offices, LLC is currently offering free consultations for individuals who may have suffered or been diagnosed with serious injuries following mesh surgery. All cases are reviewed without cost and handled on a contingency fee basis, which means that there are no attorney fees or costs unless we are successful in obtaining compensation for your injury. Contact at us at (877) 277-7336 to have your case evaluated by our highly skilled team.