A Delaware state judge has reduced the $100 million verdict against Boston Scientific Corp. in a case over injuries from the company’s pelvic mesh to $10 million. U.S. District Judge Mary M. Johnston found the verdict to be excessive, but refused to grant a new trial. The judge said the $25 million in compensatory damages for Plaintiff Deborah Barba and $75 million in punitive damages are out of line. Judge Johnston said, given the financial claims made by Barba, $2.5 million is more appropriate. She upheld the ratio of compensatory to punitive damages, reducing the new punitive amount to $7.5 million.
Judge Johnston ruled that the jury’s liability verdict was proper given the evidence presented during the 14-day trial. 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. Afterward, she suffered serious complications that required two surgeries. Ms. Barba initially sued the doctor who performed the procedure for malpractice in August 2011, but dropped those claims and instead filed suit against Boston Scientific in January 2012. She accused the company in her lawsuit of negligent product design, negligent manufacturing, failure to warn, breach of implied warranty of merchantability, fraud, fraud by concealment, and violations of Delaware consumer protection law.
The jury found in favor of Ms. Barba on all but a loss of consortium claim. Boston Scientific said it intends to appeal the decision. Ms. Barba is represented by Fidelma Fitzpatrick and Fred Thompson of Motley Rice LLC and Philip T. Edwards of Murphy & Landon. These lawyers have done a very good job in this case. The case is in the Superior Court of the State of Delaware in New Castle County.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.