Court upholds $27m pelvic mesh verdict against Boston Scientific

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Boston ScientificA federal appeals court last week upheld a plaintiff’s $27 million win over Boston Scientific (NYSE:BSX) in a product liability lawsuit brought over its Pinnacle pelvic mesh.

A Florida jury in November 2014 found for Amal Eghnayem and three other plaintiffs who alleged that the Pinnacle mesh caused injuries including pain, bleeding and infection. Pelvic mesh implants are used to treat pelvic organ prolapse and female stress urinary incontinence.

The company was ordered to pay the women $26.7 million in compensatory damages, between $6.5 million and $6.7 million each. It will not face additional punitive damages.

Marlborough, Mass.-based Boston Scientific appealed to the U.S. Court of Appeals for the 11th Circuit, arguing that the Florida district court abused its discretion by lumping the four cases together, that Eghnayem failed to prove her design defect and failure to warn claims and that the statute of limitations had expired by the time she filed suit.

A three-judge panel for the 11th Circuit disagreed, finding that the original trial judge was correct to allow the jury verdict, and to deny Boston Scientific’s bid for judgment as a matter of law, according to court documents.

Boston Scientific reported revenue of $8.3 billion last year, up 12.2% compared with $7.4 billion the previous year.

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