Last week, a state court jury in Dallas awarded the plaintiffs in a pelvic mesh device litigation against Boston Scientific approximately $23.5 million in compensatory damages and $50 million in punitive damages.In the bellwether case, Salazar v. Lopez, plaintiffs Martha Salazar and her husband Felix Salazar sued Boston Scientific alleging she was injured by its Obtryx sling device. After a two-week trial, the jury found that Boston Scientific was negligent in designing the Obrtyx device and that negligence was a proximate cause of Salazar’s injuries. The jury also found that Boston Scientific failed to provide adequate warnings to doctors about the risks associated with the device. Finally, the jury found gross negligence, permitting the recovery of punitive damages.While the jury awarded $50 million in punitive damages, the actual amount of recovery of punitive damages is limited by Texas Civil Practice & Remedies Code § 41.008 to two times the amount of economic damages, plus an amount equal to any noneconomic damages found by the jury, not to exceed $750,000, which in this case amounts to approximately $11.2 million.There are tens of thousands of pelvic mesh cases pending nationwide against various manufacturers. Only a few have gone to trial thus far. … Read full this story
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