$73 Million Verdict for Vaginal Mesh Victim

Last week, we discussed the numerous verdicts coming down against the makers of vaginal pelvic mesh. Successful cases in West Virginia and New Jersey resulted in awards of $3 million to over $11 million for injured plaintiffs. Now, a Texas court has awarded a mesh victim $73 million in damages, a staggering amount in any personal injury case.

Martha Salazar sued Boston Scientific, maker of the Obtryx sling (a vaginal mesh implant meant to treat incontinence), because the implant left her in constant pain. In the words of her lawyer, “this woman was seeking help with minor urine leakage and wound up with a catastrophic, life-altering injury that required four major surgeries.” Even so, Salazar and her attorney asked for only $14 million for her injuries and her pain and suffering, not $73 million.

The $73 million award is comprised of about $23 million in compensatory damages (to cover her injuries and pain and suffering) and $50 million in punitive damages. Punitive damages are intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis for the lawsuit.

In this case, the jury awarded punitive damages based on its finding that Boston Scientific officials failed to properly warn patients and doctors about health risks associated with its mesh inserts. This, they said, amounted to gross negligence.

The jury determined that Boston Scientific knew its mesh was potentially harmful based on an executive email sent in August 2010. The email, referring to a company-funded study cautioning against the use of Obtryx, stated: “I don’t feel this [study] would be useful to the sales force in terms of helping defend business or selling more slings. It actually is a fairly negative outcome in terms of our Obtryx sling. I certainly wouldn’t hand this out to any physicians.”

Boston Scientific says it will appeal the jury’s decision, but at least for now, this decision bodes well for the more than 60,000 vaginal mesh cases making their way through state courts.