West Virginia Record

Friday, October 18, 2019

Mesh sling trial ends with $18.5M plaintiff verdict

By Kyla Asbury | Nov 21, 2014

CHARLESTON – The plaintiffs in a Boston Scientific mesh sling trial in Charleston have been awarded $18.5 million for damages done to them by pelvic meshes.

Chris Wilson, Jacquelyn Tyree and Carol Campbell each were awarded $3.25 million in compensatory damages, and Jeanie Blankenship was awarded $4.25 million in compensatory damages.

The jury returned its verdict Nov. 20, determining that the four cases, which were consolidated in the U.S. District Court for the Southern District of West Virginia should receive $1 million in punitive damages in their case against Boston Scientific because of the company’s implantable pelvic mesh.

All four women were implanted with the Obtryx mesh, which is a mid-urethral sling used to treat incontinence.

This case was the second federal case in multidistrict litigation filed over Boston Scientific's pelvic mesh and the third case since September in which the plaintiffs have been awarded damages.

The jurors decided in each case that the Obtryx was defectively designed, the instructions to physicians were insufficient and the company was negligent in its manufacture and design of the Obtryx.

Each of those failures led to the injuries of the four plaintiffs, the jury decided.

Harry F. Bell Jr., one of the attorney for the plaintiffs, said following a 10-day trial, the jury found that Boston Scientific had acted with gross negligence.

"In these cases, the jurors clearly understood that Boston Scientific moved too quickly in bringing its product to market, and that it used inappropriate materials while at the same time failing to warn doctors and patients about the risks involved," Bell said. "Although we expect an appeal and a long fight ahead, we are extremely gratified that justice has been served with these verdicts."

The Obtryx device was developed to treat stress urinary incontinence. The injuries it caused the plaintiffs included nerve damage, infection and painful intercourse.

The Plaintiffs were represented by The Bell Law Firm PLLC; the Monsour Law Firm; Andrus Wagstaff PC; Clark, Love & Hutson; Greene, Ketchum, Farrell, Bailey & Tweel; Motley Rice LLC; and Frankovitch, Anetakis, Colantonio & Simon.

Boston Scientific was represented by Shook Hardy & Bacon and Flaherty Sensabaugh & Bonasso.

U.S. District Court for the Southern District of West Virginia case number: 2:12-cv-08633

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