The vaginal mesh cases are heating up everywhere as plaintiffs’ lawyers, who frankly smell blood, are pushing with greater vigor to get and hold trial dates. Multi-million dollar verdicts will do that.
In the Boston Scientific transvaginal mesh cases, lawyers are pushing fast to get a trial date and are expected to get one soon. How do you define “soon” in tort law? Early next year.
All these federal cases have been consolidated in an MDL under a good judge in West Virginia. The class action lawsuit against Boston Scientific contents the mesh that was supposed to protect them from pelvic organ prolapse or stress urinary incontinence has done nothing but make their health problems far worse.
Vaginal Mesh Lawsuits Against Boston Scientific
Boston Scientific, a manufacturer of medical devices, faced multiple lawsuits related to its transvaginal mesh products. Transvaginal mesh is a net-like implant that is surgically inserted to treat pelvic organ prolapse and stress urinary incontinence in women. The mesh was designed to provide support to the weakened pelvic muscles and tissue. However, the product was later found to have serious side effects and complications, such as mesh erosion, infection, pain, and bleeding.
The lawsuits against Boston Scientific alleged that the company failed to warn patients about the risks associated with their mesh products and that the products were defectively designed. The lawsuits claimed that the mesh caused serious injuries and disabilities, including chronic pain and the need for revision surgeries to remove the mesh. They also allege that the company misrepresented the safety and effectiveness of the products in their marketing materials. Boston Scientific has denied these allegations and maintained that its products are safe and effective when used as intended.
So the failure to warn is the crux of the litigation. The plaintiffs in these cases claim that Boston Scientific knew about the risks associated with their mesh products but failed to adequately warn doctors and patients.
The Boston Scientific Vaginal Mesh cases are part of a multidistrict litigation (MDL) involving several lawsuits against Boston Scientific Corporation related to their transvaginal mesh products. The MDL was established in 2012 in the Southern District of West Virginia. These vaginal mesh lawsuits allege that Boston Scientific’s vaginal mesh products caused serious complications and injuries, such as mesh erosion, chronic pain, and urinary problems.
Update on These Vaginal Mesh Cases
The claims against this manufacturer are just one part of a very large puzzle. There have been almost thousands of lawsuits filed in these cases which has sent the message loud and clear to women: you are not alone. The same judge is also handling all other vaginal mesh cases against other manufacturers including Bard Avaulta, American Medical Systems (AMS), Coloplast, Cook Medical, Boston Scientific, and Ethicon.
My prediction, and it is not a bold one, is that the settlement of these claims will cost these medical device makers a small fortune. So will they learn their lesson and go slower next time before they race these products out on the market, climbing over each other to jump in on the profits, then ignore the alarms as the evidence mounts that the products are doing more harm than good? I think not. Why? A bigger than small fortune was already made off these products. They are just playing with their winnings at this point. That’s the problem with these cases.
Honestly, we would be nowhere if not for the FDA. Sure they got in late, but they eventually got in the game. Lawsuits started speeding up in 2011 when the FDA learned that thousands of women were having problems and that maybe the use of vaginal mesh to repair POP was not the preferred path.
In 2015, Boston Scientific agreed to pay $119 million to settle over 2,000 lawsuits related to their transvaginal mesh products.
If you have one of these cases in 2023, you really do want to get off the sidelines and bring a claim before you lose your right. Call us – or call somebody. You can reach us at 800-883-8082 or get a free and confidential case evaluation here.