Court dismisses Boston Scientific’s appeal over £20 million settlement for pelvic mesh lawsuit

A federal court has dismissed Boston Scientific’s appeal against a £20 million settlement sum awarded to four claimants who sued the company for alleged defective pelvic mesh implants.

The claimants argued that the Pinnacle mesh used to treat pelvic organ prolapse and female stress urinary incontinence was defective and caused significant pain and injuries.

Pain, bleeding and infection are potentially commonplace if the devices fail and the plastic mesh fuses and cuts in to the patient. As they cannot usually remove the mesh from the vaginal walls, the outcome for those whose devices fail can be lifelong and serious.

The appeal

The appeal was brought by the medical device manufacturer with the argument that the four cases should have been put together and that one of the claimants failed to prove the defect. The three-judge panel for the court disagreed, stating that the original verdict was correct.

The £20 million will be split between the women as compensatory damages, each one receiving around £5m.

More lawsuits on the horizon

Boston Scientific’s legal woes are far from over as the company faces many other lawsuits for the allegedly defective / dangerous vaginal meshes that have reportedly ruined many women’s lives. The company is set to pay one woman alone around £74m for reportedly leaving her in constant pain and ruining her sex life. The 52-year-old explained that the implant eroded, leaving her with a scarred vagina and a number of complications.

It’s not just claimant’s seeking compensatory damages in Court – doctors and hospitals are also bringing claims of fraud against the company for allegedly failing to warn physicians of the allegedly faulty design that appears to have led to their patients suffering.

More investigations

Regulators are ordering medical device manufacturers to investigate cases of mesh implant defects and complications along with organ damage. Around 70,000 mesh related cases have been brought before one judge who advises manufacturers to consider settling the cases before they’re taken to court and face billions in jury awards.

Other manufacturers being sued for the allegedly defective implants include Endo and Johnson & Johnson’s medical division, Ethicon.

U.K. enquiry demands

Here in the U.K., mesh implants are also commonly used to treat organ prolapse and incontinence; but hundreds of injured women have rallied to campaign against the procedure, with senior doctors backing their demands for a public enquiry. Advice from the Medicines and Healthcare products Regulatory Agency a while ago reported a 1-2% risk of complication, yet other sources, including a recent Lancet Medical Journal, believe it to be as high as 19%.

Prior to the large media coverage and lawsuits, many women were turned away by their doctors with their complaints of pain dismissed.