Over 70,000 individual transvaginal mesh lawsuits have been filed against various manufacturers of the medical device. One recent case, which had the highest jury award ever, was decided in May 2015 when a woman successfully sued transvaginal mesh manufacturer Boston Scientific. She was awarded a total of $100 million in damages. Boston Scientific appealed the decision and the judge reduced the award amount to $10 million.
How Was the Original Award Determined?
A jury awarded the original amount by determining compensatory and punitive damages. Compensatory damages are awarded to compensate the individual for damages, injury, or other losses. For example, this could be for medical expenses, pain and suffering and lost wages. In this case, the woman received $25 million in compensatory damages because the transvaginal mesh caused her serious injury requiring two corrective surgeries and painful complications. Punitive damages could be awarded in addition to compensatory damages in order to punish and deter wrongdoing. Here, in addition being awarded compensatory damages, the woman was also awarded $75 million in punitive damages, to punish the manufacturer, for a total award amount of $100 million. This award amount was contested and eventually reduced.
Why Was The Award Reduced?
Boston Scientific appealed the award amount to the court. In October 2015, the judge significantly reduced the award amount. Judges have the ability to reduce award amounts if they determine that the award amount is significantly more than what the person suffered. The woman’s lawyers argued that the award properly compensated her and punished the manufacturer while the lawyers for Boston Scientific argued that the award amount was “grossly excessive.” Ultimately, the judge ruled that the award was sufficiently out of proportion to the injury. As a result, the judge awarded the woman $2.5 million in compensatory damages and $ 7.5 million in punitive damages for a total award amount of $10 million.
Contact a Transvaginal Mesh Lawyer
If you or someone you know has suffered complications after being treated with transvaginal mesh, you may be able to receive compensation for your medical bills, lost income and pain and suffering, among other losses. Our firm is working with experienced transvaginal mesh lawyers, who are investigating these cases. They may be able to file a transvaginal mesh lawsuit for you and they charge no fee unless you win an award or settlement. For a free (no obligation) case evaluation, call our toll free number at 1-800-992-6878 or fill out a our contact form online.