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Delaware Jury Awards $100 Million In Boston Scientific Pelvic Mesh Injury Case

WILMINGTON, Del. — (Mealey’s) A Delaware state court jury on May 28 awarded $100 million to a woman who says she was injured by pelvic mesh devices made by Boston Scientific Corp. (Deborah A. Barba v. John C. Carlson, D.O., et al., No. N11C-08-050, Del. Super., New Castle Co.). 

According to the docket in the New Castle Superior Court, the jury awarded Deborah A. Barba, now 51, $25 million in compensatory damages and $75 million in punitive damages.  According to a press release from Barba’s law firm, Motley Rice in Mount Pleasant, S.C., the jury found that Boston Scientific negligently designed and manufactured the Pinnacle and Advantage Fit transvaginal mesh devices and failed to warn doctors and patients of the devices’ risks. 

Motley Rice said the devices were surgically implanted in Barba in 2009 to treat pelvic organ prolapse and stress urinary incontinence.  The firm says Barba experienced significant complications and underwent two surgeries to treat the complications. 

The firm said portions of the mesh remain inside Barba “with little hope of extraction.” 

14-Day Trial

The trial began May 11.  Judge Mary M. Johnson presided. 

According to a Form 10-Q filed May 6 with the U.S. Securities and Exchange Commission, Boston Scientific is facing more than 26,000 pelvic mesh liability cases.  In April, the company said it signed a master settlement agreement with some plaintiff law firms to settle 2,970 cases for $119 million. 

Barba is represented by Fidelma Fitzpatrick, Fred Thompson, Jonathan Orent, Hayleigh T. Stewart Santra, Margaret Thompson and Breanne Cope of Motley Rice in Mount Pleasant and Philip T. Edwards of Murphy & Landon in Wilmington. 

Boston Scientific is represented by Colleen D. Shields of Seamans, Cherin & Mellott in Philadelphia, Krista Reale Samis of Seamans Cherin in Wilmington and Matthew Keenan and Eric Anielak of Shook, Hardy & Bacon in Kansas City, Mo. 

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