INSIGHTS On Massachusetts Personal Injury Law

Welcome to the SUGARMAN blog. We'll be sharing our perspectives on the state of the law and current legal issues in Massachusetts personal injury law. Issues relating to medical malpractice, construction site injuries, premises liability, product liability, motor vehicle accidents, insurance, and more will all be reviewed here by our team of lawyers who have prosecuted some of the most complex cases in Massachusetts personal injury law.

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Recent Verdicts for Victims of Defective Transvaginal Mesh against Boston Scientific and Ethicon

A federal jury in West Virginia recently returned a verdict of $3.27 million for a woman who filed suit against Ethicon, a unit of Johnson & Johnson, for injuries due to a defective transvaginal TVT-O mid-urethral sling. After a nearly two-week trial, the jury found in favor for the plaintiff, Jo Huskey, on her counts of strict liability, design defect, failure to warn and negligence. Ms. Huskey, now 52 years old, underwent the implantation procedure in 2011 for stress urinary incontinence and has suffered erosion of the mesh, which has caused severe pain and required her to undergo (unsuccessful) surgeries to remove the mesh. Ms. Huskey’s case was the first federal trial involving a claim pertaining to Ethicon’s TVT-O mesh sling, and the second case tried among the thousands that have been consolidated in multi-district litigation in West Virginia (the first ended in a win for Ethicon).

About one week following the verdict in Ms. Huskey’s trial, a Texas jury awarded $73.5 million to a woman in her case against Boston Scientific, in which she alleged that the bladder sling it manufactured caused her permanent injuries. The plaintiff, Martha Salazar, who is 42 years old, testified that she can no longer walk or sit normally as a result of the severe pain she has suffered since the Obtryx Transobturator Mid-Urethral Sling (MUS) System was implanted in 2011 to treat mild incontinence. Following the implantation, Ms. Salazar required four major surgeries and 42 additional procedures due to internal injuries caused by the sling. She is likely to require further surgery. After a two-week trial in Dallas, the jury awarded Ms. Salazar $23 million in compensatory damages and $50 million in punitive damages, the latter of which was premised on a finding of gross negligence against Boston Scientific, a company based in Natick, Massachusetts.

Over 60,000 cases against a number of mesh manufacturers currently await resolution across the country.

SUGARMAN principals Marianne LeBlanc and David McCormack continue to represent clients who have been implanted with defective or recalled transvaginal mesh products. If you believe you may be suffering from adverse medical complications as a result of a defective or recalled transvaginal mesh product, fill out a Contact Form, call Marianne LeBlanc or David McCormack at 617-542-1000 or e-mail Marianne LeBlanc or David McCormack.