Boston Scientific to Pay $189 Million in Transvaginal Mesh Marketing Lawsuit
Written by AskTheLawyers.com™
In March of 2021, Boston Scientific agreed to settle a multi-state lawsuit for $189 million to be paid out to each of the 47 states and the District of Columbia joined in litigation. Boston Scientific has been facing a multi-state lawsuit regarding the company’s allegedly deceptive marketing practices of their transvaginal mesh devices.
Transvaginal mesh devices are associated with a high level of risk for patients.
Transvaginal mesh is typically used to treat Pelvic Organ Prolapse (POP), Stress Urinary Incontinence (SUI), and Vaginal Vault Prolapse. Transvaginal mesh is similar to hernia mesh and carries some of the same risks in addition to unique ones of its own. Risks associated with transvaginal mesh include erosion of the vaginal walls and internal organs, severe pain and discomfort, infections, and recurrence of the condition the mesh was implanted to treat.
In fact, transvaginal mesh is known to cause such serious harm that in 2019, the U.S. Food and Drug Administration (FDA) ordered manufacturers to stop selling all surgical mesh products marked for transvaginal repair. Although many lawsuits have come to light over time regarding harm suffered from dangerous surgical mesh devices, the multi-state lawsuit against Boston Scientific is one of the most notable.
This lawsuit alleged that Boston Scientific engaged in harmful and deceptive marketing practices.
Boston Scientific’s transvaginal mesh product was marketed specifically to treat POP and SUI and allegedly did not include sufficient warnings for patients regarding the potential side effects. Patients who were treated with this product reported intense pain, excessive bleeding, and loss of sexual function, among other complaints. Washington State Attorney General Bob Ferguson, who led the lawsuit, alleged that the company did not make proper efforts to inform patients of “serious risks in the instructions and marketing materials for surgical mesh devices.” Although the company never admitted any liability, they agreed to settle with the states in question for $189 million.
Funds from the settlement will be available to women who suffered from Boston Scientific’s transvaginal mesh on a state-by-state basis.
The full settlement amount agreed upon for this lawsuit will be divided state-by-state according to the number of complaints originating in each area. Women who have suffered harm from Boston Scientific’s surgical mesh may be eligible to receive compensation from their state’s fund for surgical mesh victims to help pay for their damages. Boston Scientific’s settlement also included an agreement to change their existing marketing practices; in the future, Boston Scientific must describe the potential complications associated with their product and train their staff to do so as well, in addition to other methods of injunctive relief.
Surgical mesh can cause severe pain, distress, and additional health problems. If you were not informed of the risks associated with your mesh implant and/or have suffered from a transvaginal mesh implant, reach out to a mesh injury attorney in your area to discuss your options for recovery.