The second bellwether trial involving injuries from Boston Scientific’s transvaginal mesh device is underway in Massachusetts state court, and plaintiffs are hoping for a different outcome than the first.
Plaintiff Maria Cardenas is suing the medical device company claiming she suffered injuries from Boston Scientific’s defectively designed transvaginal mesh, also known as a bladder sling. The company is facing thousands of similar lawsuits in state and federal court over its pelvic mesh products, however Cardenas’ is the only the second to go to trial.
The first bellwether case was brought by plaintiff Diane Albright, who claimed the company’s Pinnacle Pelvic Floor Repair Kit was defectively designed and the company failed to adequately warn patients and doctors of the risks associated with the product. A Middlesex County jury rejected those claims, going against a trend in which juries found in favor of plaintiffs in similar lawsuits against different manufacturers.
A new group of attorneys from two Boston-based firms is representing Cardenas against Boston Scientific. The trial is expected to fall under more scrutiny after the first bellwether case ended in a defeat for plaintiffs.
The outcome of Cardenas trial will likely have an impact on settlement terms for other pending cases. Several transvaginal mesh manufacturers have already gone that route rather than risk expensive and time-consuming trials.
In 2012, the Food and Drug Administration (FDA) warned that complications were not uncommon with transvaginal mesh products used to treat pelvic organ prolapse and stress urinary incontinence. Injuries include the mesh eroding and/or protruding into tissue and other organs causing pain, disability, infections, bleeding and other complications.