Boston Scientific has won its third Massachusetts lawsuit defending its pelvic mesh products against allegations that it designed a defective product.
Gavel
A Massachusetts jury decided that the company was not at fault for side-effects allegedly caused by its Pinnacle Pelvic Floor Repair Kit or the Obtryx Sling System-Halo.
The company was sued in 2012 by Ana Martinez who claimed Boston Scientific designed a defective product that can cause severe pain and failed to warn Martinez or her doctor about the long-term side-effects of the devices.
After surgery involving mesh, Martinez suffered from urinary incontinence, mesh erosion, and painful intercourse, according to her complaint.
Boston Scientific provided court documents and product warnings stating that mesh can fix incontinence but can also puncture organs, infections, bleeding, painful intercourse and urinary problems. The trial is the third win in Massachusetts for Boston Scientific, who has faced thousands of court cases regarding its pelvic mesh devices. The case involving Martinez was selected as a bellweather trial and could affect other cases in the US.
Boston Scientific hasn’t been as fortunate in previous cases, having to pay out $27 million to four women in 2014.
Boston Scientific was recently featured in a 60 Minutes report which unearthed claims that the company had used counterfeit plastic to produce its vaginal mesh product.
In response to the allegations, Boston Scientific stated: ““The show offered a one-sided view and commentary from clinicians and plastic experts involved with litigious actions. It is important to keep in mind that polypropylene-based (plastic) devices have been a mainstay in many medical procedures for more than 50 years, including hernia and tendon repair, sutures, and wound closure. Furthermore, our products meet rigorous internal safety standards, international standards, as well the standards of the FDA and other regulatory bodies.”