A Massachusetts jury found that Boston Scientific’s Obtryx transvaginal sling, designed to treat urinary incontinence, was not defectively designed and that Boston Scientific gave adequate warning of its risks, Law360.com reported. The plaintiff, Maria Cardenas, had alleged that a defective design caused her injuries.
The trial, which kicked off August 14 in a Massachusetts state court, is the 2nd bellwether case to make it to trial among the thousands of suits pending against Boston Scientific and other pelvic mesh makers in state and federal courts. Boston Scientific also won the 1st trial, when another Massachusetts state jury in July similarly found the mesh not defectively designed and the risks adequately advised.
"We are pleased that after considering the evidence, the jury found no design or warning defect with our pelvic repair product," Boston Scientific spokeswoman Kelly Leadem told the website. "Transvaginal mesh remains an important treatment option for women who suffer from pelvic organ prolapse and stress urinary incontinence."
Cardenas’ lawyer, Doug Monsour, said the trial judge excluded testimony from her doctor that he wouldn’t have used the Obtryx device if he’d known about a warning that the mesh material was not intended for permanent implantation, according to Law360.com. The decision to exclude that information from the jury is grounds for an appeal, Monsour said.
"We will continue to fight these cases," Monsour told the website (subscription required).