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Victim awarded $100 million for defective medical device claim

Boston Scientific Corporation, the manufacturer of a popular transvaginal mesh insert, was ordered by a jury to shell out $100 million for serious defects in a product that injured a consumer. According to the details, the product was defective in its design, but the company chose to manufacture and distribute it in any event. California women who were injured because of this defective medical device may be encouraged by these findings to take action via a product liability claim.

Both the Advantage Fit and Pinnacle transvaginal mesh inserts were designed to help treat incontinence in women, but many victims ultimately suffered injuries much more complicated than their original health issues. An out-of-state woman took the company to court over the myriad of complications and other health issues in connection with her use of the inserts. As part of her claim, she was able to successfully argue that Boston Scientific was aware of the inherent defects in the designs, but that executives at the company hid this information.

A spokesperson from Boston Scientific argued that the company places patient safety at the top of its priorities, and further cited extensive resources it utilizes to help ensure safe and effective medical devices. It plans to appeal the $100 million verdict in favor of the victim, citing disagreements with some of the jury's conclusions. However, it is also currently in the process of settling nearly 3,000 product liability suits related to the transvaginal insert.

Despite Boston Scientific's assertion that there is nothing wrong with its products, over 24,000 women claim to have been adversely affected by one of the inserts. Many of them suffered from internal damage following the insertion of the apparent defective medical device. Whether a product liability claim is settled outside of court or ends up before a judge in California, any compensation awarded from the suit can be instrumental in the recovery process for victims.

Source: bostonherald.com, "$100M verdict rocks Boston Scientific", Marie Szaniszlo, May 29, 2015

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