July 30, 2014 — Bloomberg reports that Boston Scientific has won the first lawsuit involving vaginal mesh to go to trial.
The jury in Woburn, Massachusetts took two days to decide that Boston Scientific properly designed the implant and sufficiently warned about potential risks.
The plaintiff, Diane Albright, received the Pinnacle mesh implant in August 2010 to help reinforce weakened muscles in her pelvis. Instead, it eroded into her body, causing severe pain, bleeding, and incontinence.
She alleges that the materials used in the Pinnacle mesh are not compatible with the human body, which can lead to the breakdown of tissues in the pelvis and an immune response in some patients. Surgery may be necessary to remove the implant. Albright alleges that Boston Scientific knew about the risk but failed to warn doctors and patients.
The lawsuit was filed in Middlesex County Superior Court in 2012. About 1,700 similar lawsuits are pending in that court. Boston Scientific is facing about 12,000 lawsuits nationwide. Most of the cases are centralized in federal court in West Virginia.
The next trial against Boston Scientific is scheduled to begin in Delaware in September. The company is also facing lawsuits in state courts in New Jersey, Massachusetts, Missouri, and California.
Failure to Warn
Boston Scientific developed the first vaginal mesh implant in 1996 — the ProteGen. The company thought it would behave similar to hernia mesh, which had been on the market for decades. Instead, the ProteGen was pulled off the market in 1998 after over 100 women complained about pain, erosion, and other side effects.
Shockingly, the FDA continued to approve new devices from Boston Scientific and other manufacturers that could trace their design back to the ProteGen mesh — without requiring new safety studies.
Not surprisingly, thousands of women reported the same types of side effects. Many of these women have filed lawsuits alleging that manufacturers knew about the risks but failed to warn women. In 2011, the FDA determined that serious complications were “not rare.”
Do I have a Vaginal Mesh Lawsuit?
The Schmidt Firm, PLLC is currently accepting vaginal mesh induced injury cases in all 50 states. If you or somebody you know has been injured by vaginal mesh, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.