October 3, 2014 — Mass Device reports that a Texas state judge has slashed a $73 million jury verdict against Boston Scientific in half, ordering the device-maker to pay just $34.6 million in damages to a woman who was injured by vaginal mesh.
Dallas County District Judge Ken Molberg reduced the jury’s punitive damage award from $50 million to $11.2 million under a state damages cap, according to Law360.
Judge Molberg did not reduce the jury’s award of $23.5 million in compensation for actual damages, such as medical expenses and permanent injuries.
The lawsuit was filed by Martha Salazar, a woman who was implanted with Boston Scientific’s Obtryx pelvic mesh implant. She was implanted with the Obtryx in 2010 to treat stress urinary incontinence. Soon afterward, she says the implant eroded into her body, causing nerve damage, chronic pain, and infection. These complications make it impossible for her to sit comfortably, walk normally, or exercise.
Boston Scientific was found guilty of “gross negligence” for the design and marketing of the Obtryx, which lawyers argued made them liable for substantial punitive damages. The jury found that Boston Scientific sold a defective medical device and failed to adequately warn doctors and patients about its potential risks.
Boston Scientific is now facing about 12,000 similar lawsuits in state and federal court. They won the first two cases to go to trial involving the Obtryx sling. The $73 million judgement against Boston Scientific was decided by a jury in Dallas, Texas in September.
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