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Advantage Fit Archives - Carey Danis & Lowe

$100 Million Awarded to Plaintiff in Transvaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitA woman who suffered serious injuries from a transvaginal mesh implant received a $100 million award in a jury verdict. The trial occurred in a state court in Delaware in May 2015.

The woman in the case, Deborah Barba, filed a transvaginal mesh lawsuit against Boston Scientific after sustaining injuries from the company’s Pinnacle and Advantage Fit vaginal mesh products.

Barba claimed to have suffered from mesh erosion, according to a Bloomberg article on the trial.

The plaintiff also experienced chronic pain, and was unable to have sexual intercourse.

According to an article from The Guardian, Barba underwent 2 surgical procedures to remove her mesh implant. Both procedures were unsuccessful in complete removal.

In addition to her claims of physical injury, the plaintiff claimed that Boston Scientific’s transvaginal mesh was defective, and that the company concealed the design defects from patients and health care providers.

The Delaware jury agreed with the plaintiff on these allegations.

The jury awarded Barba $25 million in compensatory damages and $75 million in punitive damages.

The award handed to the plaintiff by the jury is the largest to date in a transvaginal mesh lawsuit involving Boston Scientific.

A Boston Scientific spokesperson told Bloomberg that the company plans to appeal the verdict.

Carey Danis & Lowe can help you.

Our law firm currently represents women who have suffered emotionally and physically from defective transvaginal mesh. We continue to investigate cases, and are available to discuss your case during a free case evaluation.

You can reach Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim form.

 

 

Boston Scientific MDL News: Bellwether Cases Selected in Transvaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Anterior-Vaginal-MeshIn the Boston Scientific multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia, Judge Joseph R. Goodwin has selected four bellwether cases. After an unsatisfactory initial bellwether case presentation, during the second round of case selections, Judge Goodwin was able to reach a decision.

The four bellwether cases concern either the Pinnacle or the Obtryx mesh product from Boston Scientific. The cases are:

  • Carol Lynn Fawcett, et al. v. Boston Scientific Corp. 2:12-cv-07497
  • Roseanne Sanchez, et al. v. Boston Scientific Corp. 2:12-cv-05762
  • Carolyn F. Smothers v. Boston Scientific Corp. 2:12-cv-08016
  • Katherine L. Hall v. Boston Scientific Corp. 2:12-cv-08186

The first bellwether case will go to trial on February 11, 2014, with the second case set for trial on June 17, 2014. The court will begin the bellwether process with the two Pinnacle cases, Fawcett v. Boston Scientific in February and Sanchez v. Boston Scientific in June.

Judge Goodwin has scheduled a date for the third bellwether trial on September 9, 2014, but considers the cases presented to him as not representative enough for the bellwether process. The lack of representative case selections has been a trend in the Boston Scientific MDL.

Plaintiffs have filed transvaginal mesh lawsuits against Boston Scientific over complications experienced with the Pinnacle, Obtryx, Advantage/Fit, and Uphold lines of mesh products.Commonly reported injuries associated with transvaginal mesh implants include mesh erosion, mesh contraction, organ damage, infection, and bleeding.

Carey Danis & Lowe transvaginal mesh lawyers are pleased to see the Boston Scientific MDL move forward with the selection of bellwether cases. As a national law firm representing women who claim to have been injured by transvaginal mesh, we will be following the Boston Scientific mesh litigation now and in the future for important updates.

If you or someone you love has been injured by transvaginal mesh, contact Carey Danis & Lowe for help. Our experienced transvaginal mesh lawyers offer free legal evaluations of transvaginal mesh cases. In addition, Carey Danis & Lowe provides expert medical advice from our staff of nurses.

Contact Carey Danis & Lowe today by calling 800.721.2519, or by submitting a personal injury claim form.

First Round of Bellwether Presentations in Boston Scientific Mesh MDL Fruitless

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsIn the Boston Scientific mesh multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia, bellwether case presentations took place in early August. However, following case presentations from both sides, U.S. District Judge Joseph R. Goodwin found the selections unfit for bellwether trials.

According to court documents, the plaintiffs presented cases that involved several different products. Furthermore, the bellwether cases selected by the defendants conflicted with the statute of limitations. Judge Goodwin described the bellwether case selections as presenting too many unique elements.

Left unsatisfied with the selections, Judge Goodwin ordered both sides to compile a new list of bellwether cases for presentation that are more representative. In addition to the stipulation that the bellwether case selections be representative, Judge Goodwin also set additional guidelines for both sides to follow in this second round of case selections.

In developing its second list of bellwether cases, both sides were ordered to adhere to an eight case maximum. According to court documents, the cases must concern only one Boston Scientific product, including the Obtryx, Advantage/Fit, Pinnacle, and Uphold. Furthermore, cases must involve plaintiffs anywhere from 40 to 60 years of age with anywhere from 0 to 3 revision surgeries. Also, these cases must avoid conflicts with the statute of limitations.

Judge Goodwin will soon select the bellwether cases for the Boston Scientific mesh MDL, as both sides submitted their second list of bellwether cases on August 12, 2013. Judge Goodwin will select six cases from the pool.

There will be three bellwether trials in the Boston Scientific mesh MDL, with the first trial scheduled for February 11, 2014. The following two bellwether trials will take place on June 17, 2014 and September 9, 2014.

Though there have been some minor bumps in the road, the Boston Scientific mesh MDL continues to make progress in a fairly efficient manner.

The transvaginal mesh lawyers at Carey Danis & Lowe find that an efficient legal process is vital in ensuring that justice is properly served. Carey Danis & Lowe is pleased by Judge Goodwin’s order to have both sides resubmit bellwether selections due to a lack of representative cases. Selecting representative cases for trial is an important part of the multidistrict litigation process, as it maintains efficiency.

Carey Danis & Lowe transvaginal mesh lawyers are currently accepting vaginal mesh cases. Contact Carey Danis & Lowe today to speak with an experienced transvaginal mesh lawyer. We offer free legal evaluations, as well as medical advice from our nurses and medical experts.

Contact Carey Danis & Lowe by calling 800.721.2519 or by submitting a personal injury claim form.