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By John Kristensen of Kristensen Weisberg, LLP posted in Employment Law -- Employee on Wednesday, September 10, 2014.
Boston Scientific hit with $73 Million Dollar Verdict over Mesh Implant

Another jury has slammed a transvaginal mesh manufacturer.  And then another jury dropped the hammer. On September 5, 2014, a jury in the United States District Court for the Southern District of West Virginia issued a $3.27 million verdict against Johnson & Johnson subsidiary Ethicon, Inc. (“Ethicon”) in a bellwether jury trial.  The jury only deliberated for three hours and found Ethicon liable for strict liability, design defect, failure to warn and negligence.  No punitive damages were awarded. That was Friday. Boston Scientific was smug though. It had won two trials in Massachusetts. Then came the thunder. On September 9, 2014, a Dallas County, Texas jury found Boston Scientific liable for Martha Salazar’s injuries related to its Obtryx sling. Once again, the jury deliberated less than a day. This jury awarded Ms. Salazar $23 million in compensatory damages after she was required to undergo four major surgeries. The Texas jury then issued a punitive damages award of $50 million. Plaintiff presented evidence in the case of an August 2000 e-mail from Alex Robbins, a Boston Scientific executive, where he told salespeople to disregard a study paid for by Boston Scientific that raised questions about the safety of the Obtryx sling. Mr. Robbins indicated in the email, ” I certainly wouldn’t hand this out to any physicians.” Kristensen Weisberg, LLP represented scores of women and their spouses seeking justice against the transvaginal mesh manufacturers. If you have any questions, please feel free to contact us for a free consultation at (310) 507-7924 or klg@kristensenlaw.com.

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