A Delaware jury awarded $100 million last month to a woman who sued Boston Scientific Corp. over injuries she suffered from the company’s pelvic mesh. This is the biggest win yet over the medical implant that has elicited thousands of injury lawsuits. Boston Scientific will have to pay plaintiff Deborah Barba $25 million in compensatory damages and $75 million in punitive damages. The jury found in her favor on claims for negligence, breach of warranty, fraud and a violation of Delaware consumer protection laws. Ms. Barba had surgery in May 2009 to implant the company’s Advantage Fit and Pinnacle mesh products to treat pelvic organ prolapse and urinary incontinence. Afterwards, she suffered serious complications that required two surgeries.
The plaintiff is represented by Fidelma Fitzpatrick and Fred Thompson of Motley Rice and Philip T. Edwards of Murphy & Landon. These lawyers did a tremendous job for their client in her case. The case is in the Superior Court of the State of Delaware in New Castle County.
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