A Dallas jury recently rendered a verdict for $23 million in compensatory damages and $50 million in punitive damages against Boston Scientific Corporation. The case involved a defective Obtryx sling implanted in the plaintiff to treat urinary leakage. The punitive damages finding was immediately reduced to $11 million pursuant to a Texas tort reform law that protects grossly negligent defendants by limiting punitive damages to two times the economic damages. Boston Scientific and indicated that they plan to appeal.
The case of Salazar v. Lopez is the third jury trial that Boston Scientific has faced. The first two were tried in Massachusetts and resulted in defense verdicts. Venue is obviously very important in these cases. There are several transvaginal mesh products which are commonly used to treat stress urinary incontinence and pelvic organ prolapse. The seven manufacturers are facing thousands of claims filed by women who allege that the defects in the mesh products were known but not disclosed by the manufacturers.
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