October 3, 2014 — Mass Device reports that Boston Scientific will only have to pay about half of a $73 million jury verdict to a woman who was injured by the Obtryx mesh implant.
Judge Ken Molberg of the Dallas County District Court decided to slash the jury’s $50 million punitive damage award to just $11.2 million, based on state law capping such damages, according to Law360.
The jury also awarded $23.5 million in compensation for medical expenses, pain and suffering, permanent injuries, and more. Judge Molberg did not reduce actual damages, resulting in a total jury award of $34.6 million.
The plaintiff, Martha Salazar, was implanted with Boston Scientific’s Obtryx sling in 2010 to treat stress urinary incontinence. When the device eroded into her body, she developed nerve damage, pain, and infection. She continues to suffer from permanent complications that make it impossible to sit comfortably, walk normally, or exercise.
The jury in Dallas, Texas decided that the Obtryx mesh was defectively designed and Boston Scientific failed to adequately warn about its possible risks. The jury also found Boston Scientific guilty of “gross negligence,” making them liable for substantial punitive damages.
Salazar’s case is the first loss for Boston Scientific, after two trials in Massachusetts did not award compensation to women who were injured by the Obtryx sling. Boston Scientific is currently facing about 12,000 similar lawsuits involving a variety of vaginal mesh implants.
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