Boston Scientific Corp. of Marlborough was ordered Wednesday to pay a Texas woman $73 million—including $50 million in punitive damages — after a jury found the company negligent in both the design and marketing of its Obtryx transvaginal mesh sling.
The case, which was brought against BSX and the plaintiff’s doctor, was the first to go to trial against BSX in a Texas state court, and the first in which a verdict was rendered against the company, according to Matthews & Associates, who handled the case for the plaintiff.
“Over a seven-year period, Boston Scientific failed to warn doctors and their patients of the serious complications associated with the Obtryx sling, even though the company was aware of the product’s problems,” attorney David Matthews said in a statement.
After nine days of testimony and one afternoon of deliberation, jurors found Boston Scientific’s Obtryx transvaginal sling caused then 38-year-old Martha Salazar permanent pain, a pronounced limp and a need to undergo 42 additional medical procedures, including four major surgeries, to treat complications associated with the mesh implant, according to Matthews & Associates.
But BSX plans to appeal, according to a company spokeswoman.
“At Boston Scientific, patient safety is of the utmost importance and we dedicate significant resources to deliver safe, high-quality products,” spokesperson Kelly Leadem said in an email Friday in response to a request from WBJ. “We strongly disagree with the jury’s finding and intend to appeal based on the strength of our evidence.”
BSX faces an additional 12,000 lawsuits in which other women claimed its transvaginal slings caused pain, as well as tissue and organ damage, according to the law firm.
