Dallas Jury Awards Patient $73 Million in Defective Medical Device Case
Waxahachie, TX (Law Firm Newswire) November 7, 2014 – A Dallas jury has awarded $73 million to a patient who suffered severe complications from a transvaginal mesh implant.
Martha Salazar received an Obtryx sling implant to treat minor incontinence. According to her lawsuit against the device’s maker, Boston Scientific, the implant eroded within her body, causing constant pain. Salazar required four major surgeries to remove the device.
Although the judge in the case later reduced the award to $34 million because of punitive damage caps in Texas, defective medical device attorneys argue that the verdict still marks a turning point.
“Boston Scientific already won two lawsuits over the Obtryx device,” commented defective medical device attorney John Hale, with The Hale Law Firm, who is not involved with the case. “The win in Ms. Salazar’s case is very significant for the thousands of similar cases currently pending against the company.”
According to Bloomberg News, the Dallas jury returned its initial verdict against Boston Scientific after only a day of deliberation.
The FDA has issued warnings about the serious complications that transvaginal mesh implants can cause, but the devices are not yet banned from use. In April, the FDA announced a proposal to increase clinical testing of all transvaginal mesh devices prior to market release.
Drugwatch reports that under FDA rules, many transvaginal mesh devices were not required to be tested in humans. The FDA classified them as sufficiently similar to devices already on the market.
The side effects associated with transvaginal mesh slings include pain, infection, bleeding and organ perforation.
“It is just shocking that these devices are still on the market,” said Hale. “Hopefully, more victims will be compensated for the harm they have suffered, but ultimately, something major needs to change in the manufacture and distribution of these devices.”
The case in question is Salazar v. Lopez. It was brought in the District Court for Dallas County, 95th Judicial District of Texas (Dallas). The case number is DC-1214349.Learn more at http://www.hale911.com/ The Hale Law Firm 100 Executive Court, Suite 3 Waxahachie, TX 75165 Call: 888.425.3911