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$73 million awarded in vaginal mesh implant case

 

If you have heard commercials asking for women who have been injured through vaginal mesh implants to come forward, you are not alone. A woman in Texas who was harmed by such an implant was reportedly awarded $73 million, which included $23 million in compensatory damages and $50 million in punitive damages. In fact, according to a recent Bloomberg.com report, Boston Scientific, the maker of the Obtryx sling, is facing more than 12,000 lawsuits where women who used the product have complained of severe organ damage as the slings eroded within their bodies.

The damages obviously would lead to severe pains and additional surgical procedures, and could further lead to limitations on performing normal life activities. 

The U.S. Food and Drug Administration reportedly ordered Boston Scientific and a number of vaginal implant makers to study the rates of organ damage attributable to such products two years ago.

Indeed, this matter does not fit the common medical negligence stories that we commonly highlight in this blog, but it is worth noting because of how common vaginal mesh implants have become in treating damaged tissue caused by urinary incontinence. Use of these products could be considered negligent if a doctor fails to properly advise a patient of the risks of pursuing this course of treatment. After all, physicians have a duty to use reasonable care in informing patients about safe and effective treatments just as they must use such care in performing surgeries.

When they fail to use such care, and a patient is injured as a result, the physician could be held liable. 

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