Boston Scientific loses bid to toss $19m pelvic mesh loss

Boston Scientific (NYSE:BSX) yesterday lost its bid to overturn an $18.5 million loss in a product liability lawsuit brought by a quartet of women alleging that its Obtryx pelvic mesh caused their injuries. A jury in West Virginia federal court in November 2014 found Boston Scientific liable to 4 women following a 10-day trial; the trial judge later ordered the Marlborough, Mass.-based company to pay each of the 4 women damages ranging from $3.25 million to $4.25 million (the 4th plaintiff later settled her case out of court and it was dismissed). Boston Scientific last year asked Judge Joseph Goodwin, of the U.S. District Court for Southern West Virginia, to overturn the verdict, arguing that the plaintiffs failed to show that Obtryx is not reasonably safe because it’s within the standard of care for stress urinary incontinence. The plaintiffs also failed to link any of their injuries to specific design flaws, the company argued, and likewise didn’t prove their failure to warn claims. Boston Scientific also argued that the punitive damage awards were excessive and caused a miscarriage of justice. Goodwin disagreed, declining to disturb the jury verdict because “there was more than sufficient evidence from which a reasonable jury could find in favor of the plaintiffs on each of their claims,” according to court documents. “[Boston Scientific] 1st argues that the plaintiffs failed to establish that the Obtryx is ‘not reasonably safe̵...
Source: Mass Device - Category: Medical Equipment Authors: Tags: Legal News Product Liability Wall Street Beat Women's Health Boston Scientific Pelvic Mesh Lawsuits Source Type: news