Understanding What Settlement Means in Boston Scientific Transvaginal Mesh Lawsuits

May 23, 2013  

Boston Scientific is a medical device company that has produced a number of products including transvaginal mesh. Transvaginal mesh is a type of surgical mesh that was used to treat women suffering from conditions including stress urinary incontinence and pelvic organ prolapse. Boston Scientific was a pioneer in the creation and sale of transvaginal mesh products, releasing a product called Protegen in 1996. 952313_gavel.jpg

Our Boston transvaginal mesh lawyers know that transvaginal mesh products have turned out to be very dangerous and that these TVM products cause significant health issues for many women. Boston Scientific's Protegen was one of the first of the transvaginal mesh products to begin to cause complications. As a result of problems with the product, Boston Scientific settled Protegen lawsuits back in 2003.

Understanding What Settlement Means

In 2003, Boston Scientific settled a reported 738 lawsuits that had been brought by women who had Protegen implanted. When a company settles a case, the company agrees to provide some benefit or compensation to the plaintiffs. In exchange for this compensation, the plaintiffs who suffered injury or who were harmed give up any and all future rights to file a lawsuit that arises from the same harm.

In other words, when Boston Scientific settled the 738 lawsuits related to Protegen after the transvaginal mesh products turned out to be defective, the plaintiffs received compensation as determined by the settlement agreement and were not able to make any further claims for damages if they accepted that compensation.

After Boston Scientific settled these lawsuits, the company went on to produce and sell other transvaginal mesh products including the Lynx Suprapublic Mid-Urethral Sling system; the Obtryx Transobturator Mid-Urethral Sling; the Pinnacle Pelvic Floor Repair Kit; the Prefyx PPS Pelvic Sling System, and the Solynx SIS Vaginal Sling system. Unfortunately, these products didn't really turn out to be any safer than Protegen (nor did any of the other transvaginal mesh devices made by other manufacturers).

As a result of the fact that their new transvaginal mesh products are just as dangerous as their old ones, Boston Scientific is now being sued again. Boston Scientific will thus again have to make the choice about whether to try to settle the claims or risk going to court.

Boston Scientific may wish to settle the claims if bellwether trials, or test trials, show that the company is likely to be held legally responsible for all injuries arising from itsTVM devices. If the bellwether trials result in large verdicts for the plaintiffs, Boston Scientific may be even more likely to try to settle in order to keep control on the company's litigation costs and to get more certainty as far as what legal issues the company faces.

Whether Boston Scientific decides to be serious about settling transvaginal mesh cases this time around remains to be seen. However, any plaintiff who is offered any type of settlement should always consult with an experienced attorney for assistance in how best to protect his or her interests.

If you or a loved one is experiencing transvaginal mesh complications in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment -- 1-888-367-2900.

Additional Resources:
Medical Device Company's Profits Plunge Due to Transvaginal Mesh Legal Fees, Boston Personal Injury Attorney Blog, May 1, 2013