A woman who won a $73 million compensatory package in her transvaginal mesh lawsuit against Boston Scientific will see her compensation reduced. As the lawsuit was heard in Texas, a state with rules that limit punitive damage payments, Boston Scientific will now owe the plaintiff less than half the amount awarded to her by the jury.
According to an article published by Bloomberg, Judge Ken Molberg ruled to reduce the plaintiff’s compensation to $34 million.
The plaintiff in the transvaginal mesh lawsuit is Martha Salazar. She received an implant of the Boston Scientific Obtryx bladder sling. After experiencing serious, relentless pain associated with the Obtryx bladder sling, Salazar underwent four surgical operations to have the device removed.
Though it is unfortunate news to hear of a reduction in a compensatory package that was much deserved on Salazar’s part, the ruling to reduce the amount awarded to a plaintiff is a unique situation having more to do with the state in which the transvaginal mesh lawsuit was heard rather than a question of the plaintiff’s deserving a certain compensatory package.
It is clear from the jury’s verdict that the Obtryx bladder sling had an enormous impact on Salazar’s quality of life, but even so, the state law must be applied to her case, thus lessening her award.
A St. Louis law firm specializing in personal injury cases and defective medical device litigation, Carey Danis & Lowe is currently representing transvaginal mesh victims in lawsuits.
Our personal injury lawyers are currently accepting transvaginal mesh cases, and are available to offer legal advice during a free, no-obligation consultation.
Share your transvaginal mesh story with Carey Danis & Lowe today. Call us at 800.721.2519, or complete a confidential personal injury claim form.References: Defective Medical Device litigation, Transvaginal Mesh