Boston Scientific Loses Appeal of $8M in Pelvic Mesh Verdicts

By Julie A. Steinberg

Boston Scientific Corp. lost its appeal following a consolidated pelvic mesh trial that resulted in a verdict of more than $8 million to two West Virginia women.

A trial court didn’t err by consolidating four cases together for trial, the U.S. Court of Appeals for the Fourth Circuit held Feb. 6.

The jury returned verdicts for all four plaintiffs, awarding over $4 million to each. The awards ranged from $4.25 million to $5.25 million. Two plaintiffs later settled.

All four women received the Obtryx Transobturator Mid-Urethral Sling System. The product is designed to treat stress urinary incontinence.

The women alleged the mesh devices caused pelvic pain and other complications.

Common legal and factual questions formed a substantial part of each suit, the appeals court said.

“There is little reason to be suspicious of the verdicts given that BSC had a chance to fully develop its defenses and that the judge properly instructed the jury throughout the trial to keep the cases separate,” the court said.

The appeals court also rejected Boston Scientific’s evidentiary challenges.Powell & Majestro PLLC, represented the plaintiffs.Shook, Hardy & Bacon represented Boston Scientific.

The case is Campbell v. Boston Scientific Corp. , 4th Cir., No. 16-2279, 2/6/18 .

To contact the reporter on this story: Julie A. Steinberg in Washington at jsteinberg@bloomberglaw.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bloomberglaw.com

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