Transvaginal Mesh® Lawsuit Update: Defense Verdict in Favor of Boston Scientific in First Massachusetts State Court Trial
On July 29, 2014, a Massachusetts state court jury returned a verdict in favor of Boston Scientific over allegations that the company sold dangerous and defective transvaginal mesh (TVM) devices (Albright v. Boston Scientific Corp., Case No. 12-909, Middlesex County Superior Court, Massachusetts).
Following nearly a three-week trial, Plaintiff Diane Albright’s design defect and failure to warn claims went to a jury on July 28, 2014. Before a verdict could be rendered, it was required that eleven of the thirteen jurors agree when answering the jury questions and that threshold was met. The majority of the jurors decided that the plaintiff received adequate informed consent regarding the risks associated with the transvaginal mesh device.
Boston Scientific is facing more than 20,000 claims over the transvaginal mesh implants. Nearly 2,200 of those claims have been consolidated before The Honorable Judge Joseph R. Goodwin in the United States District Court for the Southern District of West Virginia. The first federal trial is scheduled for November 3, 2014. There are nearly 1,700 claims in front of Judge Diane Kottmyer, the judge that oversaw the Albright case, in Massachusetts state court. The next Massachusetts state court trial is set for August 11, 2014.
Thousands of women allege that they have experienced complications from these transvaginal mesh devices, including device erosion, organ perforation, intense pain, inability to have sexual intercourse, infection, and the need to undergo multiple revision surgeries. After the U.S. Food and Drug Administration (FDA) issued a Safety Communication warning that serious complications associated with surgical mesh products were “not rare,” lawsuits across the nation started to accumulate against the various TVM manufacturers—and the number of cases continues to grow. According to the most recent report released by the Judicial Panel on Multidistrict Litigation (JPML), there are seven Multidistrict Litigations (MDLs) involving different transvaginal mesh device manufacturers currently pending:
- MDL 2327 – In re: Ethicon, Inc. Pelvic Repair System Products Liability Litigation:18,501 cases
- MDL 2187 – In re: C.R. Bard, Inc. Pelvic Repair System Products Liability Litigation: 8,667 cases
- MDL 2325 – In re: American Medical Systems Pelvic Repair System Products Liability Litigation: 17,901 cases
- MDL 2326 – In re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation: 12,199 cases
- MDL 2387 – In re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation: 1,506 cases
- MDL 2440 – In re: Cook Medical, Inc. Pelvic Repair System Products Liability Litigation: 213 cases
- MDL 2511 – In re: Neomedic Pelvic Repair System Products Liability Litigation: 74 cases
If you or a loved one has experienced serious injuries as a result of a transvaginal mesh device, contact one of our experienced attorneys at Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297. We will confidentially evaluate your case for free and without any obligation.
The choice of a lawyer is an important decision and should not be based solely on advertisements. The cases discussed do not predict outcomes in future cases. Past results afford no guarantee of future results and every case is different and must be judged on its own merits.