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Boston Scientific Archives - Carey Danis & Lowe

Boston Scientific Mesh Damages Cut from $100 Million to $10 Million

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsA judge in the ongoing mesh litigation against Boston Scientific significantly reduced the amount awarded to a victim in a May jury trial.

New Castle County, Delaware Judge Mary Johnston said the compensations awarded to Deborah Barba ($100 million) – the biggest ever in a trial involving transvaginal mesh – were “grossly disproportionate to the injuries.” Other transvaginal mesh trials have awarded between 1.75 million to 7.76 million in damages.

While the lawyers see this compensation reduction as a disappointment, they’re encouraged that the judge didn’t question the jury’s finding on Boston Scientific’s liability. Judge Johnston denied Boston Scientific’s attempt to set aside the verdict completely and order a new trial.

The mesh devices caused Deborah Barba severe complications, including bladder infections and pelvic pain. The jury found that the device manufacturer had been negligent in designing the transvaginal mesh and didn’t warn doctors and patients about the risks.

Boston Scientific, along with other mesh makers have faced about 100,000 lawsuits at the state and federal level for transvaginal mesh complications.

Carey Danis and Lowe can help victims of transvaginal mesh complications.

If you or women you know have been harmed by mesh devices, call our medical product liability lawyers for a free consultation at 800-721-2519. Alternatively, send us an email.

Our team of medical professionals will answer your questions with compassion and confidentiality. Our attorneys can help you get the justice you deserve.

$2M Vaginal Mesh Verdict Tied Up in Appeals Court

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginalmeshlawsuitFast-tracking medical device approvals is tying up a $2 million jury verdict. The plaintiff in a transvaginal mesh lawsuit won a $2 million award, but now the award is under question in an appeals court.

Why?

The defendant in the case, transvaginal mesh manufacturer C.R. Bard, argues that the verdict needs to be voided. The company contends that evidence presented to the jury was incomplete.

During the trial, both parties didn’t mention how the transvaginal mesh device under question received its approval from the US Food and Drug Administration (FDA).

With most transvaginal mesh products, companies received approval via the 510(k) process.

What’s a 510(k)?

Think of the 510(k) as a template system. A medical device manufacturer submits their transvaginal mesh device to the FDA for approval. That device wins approval due to its rigorous testing, and it becomes the template for future products.

Future transvaginal mesh devices can apply for FDA approval using the 510(k) process, and can cite similarity to that first device that received FDA approval.

In the case of transvaginal mesh, citing similarity was enough to bring these defective products to consumers.

Too many modifications

However, there comes a point when medical devices have been modified so much, they can no longer be considered similar to the first device with FDA approval. This alone should require the manufacturer of the highly-modified device to conduct rigorous research to determine safety.

This wasn’t the case for most transvaginal mesh devices, and is the reason why women all over the world are stepping forward to hold manufacturers like C.R. Bard, Ethicon, American Medical Systems, and Boston Scientific accountable.

We can help you step forward.

Are you ready to share your transvaginal mesh story? We’re here to listen, and to help you.

Our experienced transvaginal mesh lawyers are available to discuss your case during a free consultation. We’ll guide you through your legal options, compensation eligibility, and whether filing a transvaginal mesh lawsuit is the right decision for you.

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

We look forward to hearing from you soon.

$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 Proposes $119M Transvaginal Mesh Settlement

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuit3,000 transvaginal mesh lawsuits could soon be resolved. Boston Scientific proposed a $119 million transvaginal mesh settlement.

The medical device manufacturer included the settlement in an SEC filing in late April 2015.

According to an Indianapolis Star Tribune article about the settlement, Boston Scientific would still be involved in another 22,000 transvaginal mesh lawsuits if they were able to settle the 3,000 targeted in the settlement.

As a result of these tens of thousands of transvaginal mesh lawsuits, Boston Scientific has a $1.1 billion litigation reserve.

The CEO of Boston Scientific said in the Star Tribune article that the company is receptive to settling any transvaginal mesh lawsuits that can be proved to warrant a settlement.

The transvaginal mesh lawyers at Carey Danis & Lowe will continue to monitor news of the Boston Scientific transvaginal mesh settlement, and will relay any news on our law blog.

Carey Danis & Lowe can help you

If you’ve suffered an injury from a transvaginal mesh device manufactured by Boston Scientific, Carey Danis & Lowe can help you. Our experienced lawyers currently represent women who’ve been harmed by defective transvaginal mesh; Carey Danis & Lowe is dedicated to recovering losses for these women and their families.

If you would like to know how we can help you, contact our office for a free legal consultation. During our consultations, one of our defective medical device lawyers listens to you, discusses your compensation eligibility, and guides you through filing a transvaginal mesh lawsuit, if it’s appropriate for your case.

Contact Carey Danis & Lowe by phone at 800.721.2519, or you can complete a confidential personal injury claim form online.

 

Boston Scientific Reaches First Settlement for Transvaginal Mesh Claims

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Kugel & Transvaginal Mesh Patch ComplicationsBoston Scientific Corporation has bowed under the pressure of juries awarding multimillions in favor of plaintiffs in transvaginal mesh cases. On April 28, 2015, Boston Scientific said it reached its first settlement agreement, resolving some of the lawsuits it faces involving its transvaginal mesh device.

In all, the medical device manufacturer expects to pay out approximately $119 million to settle 3000 cases. In addition to those cases, the company estimates that there are more than 25,000 other mesh claims in state and federal courts.

Initially, $26.7 million was awarded to 4 women in Miami; they were implanted with the company’s Pinnacle device for pelvic organ prolapse. One week later an $18.5 million verdict was reached in West Virginia, again for 4 women, harmed by the Massachusetts-based company’s Obtryx device, used for urinary incontinence.

Clearly, these plaintiff wins were not good news for Boston Scientific, and it was in the company’s best interest to establish a settlement before more cases went to trial. Now as part of the new $119 million agreement, a Dallas County, Texas case with a $35 million judgement has been bundled into the settlement.

For the settlement, the company will transfer funds into an escrow account by Oct. 1. Additionally, the company will establish a process for others harmed by transvaginal mesh to participate in the settlement.

Carey Danis & Lowe Can Help You and Your Family

If you or someone you love was harmed by a Boston Scientific transvaginal mesh product, you and your loved ones may have a case eligible for compensation. Discuss your case and legal options with a Carey Danis & Lowe defective medical device attorney.

Carey Danis & Lowe class action attorneys have years of experience in handling personal injury and pharmaceutical litigation. We work closely with our on-staff medical experts and our clients to develop solid cases.

Our initial consultations are free.

To find out more about filing a transvaginal mesh lawsuit, contact Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim.

A June Meeting for Consolidated Vaginal Mesh Lawsuits

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsWhen Judge Goodwin said he was going to “kick it into high gear”, he really meant it.

According to a pretrial order (PTO) filed in early April 2015, Judge Joseph R. Goodwin scheduled a status conference for 6 of 7 transvaginal mesh multidistrict litigations (MDLs) being heard in the U.S. District Court for the Southern District of West Virginia.

Representatives for plaintiffs and defendants will meet on June 2, 2015.

In the PTO, the court scheduled each MDL for about an hour-long meeting. The meeting schedule for June 2 is as follows:

  • 10:00 am – C.R. Bard MDL 2187
  • 11:00 am – Boston Scientific MDL 2326
  • 1:30 pm – Ethicon MDL 2327
  • 2:30 pm – Coloplast MDL 2387
  • 3:00 pm – Cook MDL 2440

The transvaginal mesh lawyers at Carey Danis & Lowe are pleased to see Judge Goodwin’s drive to keep each of these MDLs on track.

We Can Help You

Carey Danis & Lowe currently represents women who’ve been injured by transvaginal mesh products manufactured by C.R. Bard, Boston Scientific, Ethicon, Coloplast, and Cook.

If you have suffered from any serious transvaginal mesh side effects, such as chronic pain or mesh erosion, we encourage you to begin exploring your legal options.

Free Case Evaluations

During your free case evaluation, one of our defective medical device lawyers will guide you through your legal options, compensation eligibility, and if applicable, the process of filing a vaginal mesh lawsuit.

 

C.R. Bard Appeal of $5.5 Million Verdict Denied

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginalmeshlawsuitThe California Supreme Court recently denied the appeal of a transvaginal mesh manufacturer, C.R. Bard, who sought to annul a 2012 jury verdict awarding $5.5 million to the plaintiff in the transvaginal mesh lawsuit. Upon receiving the jury’s verdict, C.R. Bard declared that they planned to appeal the decision.

In a Bloomberg report from July 2012, a C.R. Bard representative named Scott Lowry stated that the “the complications suffered by the plaintiff…are not the fault” of C.R. Bard.

The plaintiff in the case, Christine Scott, received an implant of the C.R. Bard Avaulta Plus. Scott experienced mesh erosion, which in turn resulted in stress urinary incontinence (SUI) and pelvic pain, according to a Bloomberg report.

The Scott case was the first transvaginal mesh lawsuit to go to trial in the U.S., and thus, it is meaningful whether the case rests in favor of the plaintiff or defendant. C.R. Bard may be out of options for overturning the Scott verdict, and with increasing pressure to settle transvaginal mesh lawsuits, the mesh manufacturer may be moved to let the verdict rest.

Legal Assistance for Mesh Victims

Carey Danis & Lowe is a team of dedicated defective medical device lawyers who are currently filing transvaginal mesh lawsuits on behalf of women who sustained injuries from C.R. Bard implants, or implants manufactured by another company, such as Ethicon or Boston Scientific.

If you or someone you love has been injured by transvaginal mesh, we encourage you to use our offer of a free, no obligation case evaluation in order to better understand your case, legal options, and compensation eligibility.

Contact Carey Danis & Lowe today by phone at 800.721.2519, or complete a confidential personal injury claim form.

Transvaginal Mesh Settlement Urged by Judge

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_lawsuitsThe federal judge who is overseeing the pretrial proceedings in the 7 transvaginal mesh multidistrict litigations (MDLs) urged the defendants in each of the MDLs to settle the tens of thousands of vaginal mesh lawsuits that they face. U.S. District Judge Joseph R. Goodwin expressed his belief that without a transvaginal mesh settlement, decades would pass before finally resolving these cases.

According to a Reuters report, Judge Goodwin pointed to the American Medical Systems settlement as a praiseworthy example of what should be done.

Though Judge Goodwin has been pushing for settlement, a few of the vaginal mesh makers, among them C.R. Bard, Ethicon, and Boston Scientific, have been averse to the judge’s recommendation, as they continue to adhere to the belief that their vaginal mesh products are not defective. Still, the increasing amount of pressure that these vaginal mesh makers face may play a major role in ultimately influencing the manufacturers to work out a settlement.

Carey Danis & Lowe Represents Mesh Victims

The dedicated team of defective medical device lawyers at Carey Danis & Lowe represent women who have been injured by transvaginal mesh products manufactured by C.R. Bard, Ethicon, Boston Scientific, American Medical Systems, Coloplast, and Cook Medical.

If you have been injured by a transvaginal mesh product manufactured by one of the makers named above, you may be entitled to receive compensation. One of our attorneys can discuss your compensation eligibility during a free, no obligation case evaluation.

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

Stay up-to-date on the latest transvaginal mesh lawsuit updates by reading the Carey Danis & Lowe law blog. Find out about Johnson & Johnson’s allegation of fraud, or about Obtape vaginal mesh lawsuits being settled in Georgia.

Second Federal Trial Over Boston Scientific Transvaginal Mesh

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitCreating a medical product with materials not intended for medical use is a dangerous practice. A manufacturer of transvaginal mesh products, Boston Scientific, is purported to have done just that in bringing their mesh to market.

During closing arguments in the second federal trial over Boston Scientific transvaginal mesh, plaintiffs’ legal representatives contended that Boston Scientific acted in opposition of warnings in developing their mesh products, which include the Obtryx.

According to an article published by Bloomberg on this case, Boston Scientific received warnings from the company responsible for manufacturing the mesh used in Boston Scientific’s transvaginal mesh products. These warnings outlined the fact that the mesh should not be used for medical purposes. Nevertheless, Boston Scientific ignored such clear warnings, and used the unsafe mesh material in their transvaginal mesh products.

Indications that the mesh material is ill-suited for internal medical use are studies, presented by the plaintiffs, that Boston Scientific’s transvaginal mesh can shrink after implantation. Sometimes this mesh shrinkage is so severe, the product becomes half its original size.

Such a dramatic metamorphosis of the transvaginal mesh occurring inside of a woman’s body is certainly a health hazard.

The Bloomberg article also notes that, in the plaintiffs’ closing argument, not only did Boston Scientific make use of an unsafe mesh material, but they also bypassed the testing phase, taking their transvaginal mesh straight to market.

As a result of Boston Scientific’s appalling product development decisions, thousands of women in the U.S. have suffered tremendous injuries.

We Are Available to Hear Your Story

Carey Danis & Lowe represents women who have sustained transvaginal mesh injuries. If you believe that your injuries and losses are the result of defective transvaginal mesh, we would like you to know that we are available to hear your story.

As a defective medical device law firm, we offer free, no-obligation case evaluations.

Share your transvaginal mesh story with one of our lawyers today. Contact our law offices by phone at 800.721.2519, or by completing a confidential personal injury claim form.

 

Mesh Lawsuit Update: New Orders Filed in Boston Scientific MDL

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientific_transvaginal_mesh_lawshuit_mdl_multidistrict_litigation_vaginal_mesh_injuryIn the latest mesh lawsuit update regarding the Boston Scientific multidistrict litigation (MDL) in West Virginia, US Magistrate Judge Cheryl Eifert delivered a ruling on Boston Scientific’s Motion to Quash. The Motion involves limiting depositions conducted by plaintiffs.

More specifically, Boston Scientific sought through their Motion a protective order that would bar plaintiffs from deposing corporate employees on topics that the medical device manufacturer deemed either off-topic or already discussed in a past deposition.

Judge Eifert denied Boston Scientific’s Motion to Quash on the grounds that the company did not provide sufficient evidence. Furthermore, Judge Eifert pointed out that plaintiffs are permitted to depose corporate employees according a rule applicable in the MDL.

However, Judge Eifert ruled that when plaintiffs do conduct depositions, due to the sheer number of cases in the Boston Scientific MDL, they should not cover topics that have already been discussed in another deposition of the same individual. To use Judge Eifert’s words, these depositions “should not duplicate testimony”.

Judge Eifert’s ruling is fair for both parties, as it allows plaintiffs to conduct important depositions that could provide vital evidence in a trial, but for Boston Scientific’s sake, bars repetitive depositions. This decision promotes an efficient legal process.

Carey Danis & Lowe Represents Mesh Victims

A St. Louis law firm dedicated to recovering losses for our clients, Carey Danis & Lowe works tirelessly in representing transvaginal mesh victims.

If you or someone you love has been injured by transvaginal mesh, we encourage you to explore your legal options and compensation eligibility with one of our personal injury lawyers today during a free, no-obligation case consultation.

We are available to hear your transvaginal mesh story. Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing one of our personal injury claim forms.