May 28, 2015
Jury Finds Boston Scientific Liable For Woman’s Two Defective Transvaginal Mesh Devices
Victim awarded $100 million in damages.
A Delaware jury today awarded $25 million in compensatory and $75 million in punitive damages to Newark, Delaware, resident Deborah Barba, finding the medical device manufacturer Boston Scientific liable for several permanent and serious injuries caused by its Advantage Fit and Pinnacle transvaginal mesh (TVM) products. Since being implanted with these devices in 2009, Deborah has experienced significant complications and endured two surgeries as a result. Despite these procedures, however, portions of mesh remain painfully embedded with little hope of full extraction.
Motley Rice LLC attorneys Fidelma Fitzpatrick, Fred Thompson, Jonathan Orent, Hayleigh T. Stewart Santra and attorneys Margaret Thompson and Breanne Cope represented Deborah, along with co-counsel Philip T. Edwards of Murphy & Landon.
Deborah Barba, 51, was originally implanted with both transvaginal mesh products in May 2009 to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). After the surgery she experienced complications.
“It was an honor to represent Deborah in this trial. The punitive damages the jury awarded in this verdict speak very boldly for themselves. With all the evidence we presented, the jury chose the damages according to the irresponsible behavior it thought Boston Scientific demonstrated. We are pleased that Boston Scientific may finally be receiving the message about the dangers of its transvaginal mesh where it hurts most, its wallet,” said Motley Rice attorney Fred Thompson.
“While we are extremely pleased with this verdict and the relief we hope it will bring to the Barbas for Deborah's unspeakable suffering, we also hope Boston Scientific and other mesh manufacturers take note of this verdict and resolve all pending cases swiftly. Deborah's case will hopefully bring more awareness of mesh issues, however, no woman and her loved ones should have to endure the stress of going to trial and baring their souls publically to achieve justice,” said Motley Rice attorney Fidelma Fitzpatrick.
The jury found that Boston Scientific negligently designed and manufactured its Pinnacle and Advantage Fit devices and also failed to warn unsuspecting doctors and patients of the dangerous risks of the product.
“I am thankful for the jury’s verdict and hope my story can help other women who are suffering from mesh complications to receive the resolution they deserve,” said Deborah Barba. “While difficult to share, I hope my case demonstrates to all mesh manufacturers the dangers of their products and the justice they owe victims.”
The case is Deborah Barba v. Boston Scientific Corporation, Superior Court of the State of Delaware in and for New Castle County, C.A. No. N11C-08-050 MMJ.
Motley Rice is headquartered in Mt. Pleasant, S.C., and has additional offices in Connecticut; Louisiana; Washington, D.C.; New York; Rhode Island and West Virginia. For more information, contact Motley Rice member Fred Thompson (SC) at 1.800.768.4026 or visit www.motleyrice.com.
*Prior results to not guarantee a similar outcome.
On Oct. 9, 2015, Judge Mary Johnston in New Castle County, Delaware affirmed the jury’s findings of defect failure to warn and punitive damages. In doing so, Judge Johnston reduced the verdict to $10 million.