Martha Salazar claimed that the Obtryx device, implanted in 2010 to treat her urinary incontinence, caused nerve damage, persistent pain and infection that her lawyer said prevents her from sitting comfortably and from normal walking or exercise. A Dallas jury ruled in September 2014 that the device caused Salazar’s injuries, awarding her $73.5 million in damages in the company’s 1st courtroom loss over the vaginal slings.
A month later Judge Ken Molberg of the Dallas County District Court invoked a Texas cap on damages in halving that judgment. Boston Scientific appealed that decision in June, but asked the Texas appeals court to dismiss the appeal in an Oct. 27 motion.
“The parties have resolved by settlement the case upon which the present appeal is based. Appellant Boston Scientific Corporation respectfully requests that the court dismiss the appeal,” according to the motion. “Appellant asks that costs be assessed against the party incurring them.”
The Dallas County jury had found that the Obtryx sling was defectively designed and that Boston Scientific also failed to adequately warn patients and doctors of the risks of the device. A finding of gross negligence prompted the $50 million punitive damages award on top of a $23.5 million award for compensatory damages.