Boston Scientific Corporation— the manufacturer responsible for the latent injuries, has not limited products liability actions with a statute of repose.
Boston Scientific Corporation— the manufacturer responsible for the latent injuries caused by their Pinnacle and Uphold devices used by surgical management for pelvic organ prolapse and the Obtryx and Solyx devices used for the surgical treatment of stress urinary incontinence as Massachusetts has not limited products liability actions with a statute of repose. In the vaginal mesh litigation, some states have a statute of repose that will act to cut off liability for an individual action if the product has been sold or implanted for a specified period of time prior to filing a lawsuit.
Massachusetts courts have ruled that it has a dominant interest to ensure that its manufacturers don’t release “any product in a defective condition unreasonably dangerous to the user or consumer.”
Greg Vigna, MD, JD, practicing physician, national pharmaceutical injury attorney, and Certified Life Care Planner states, “This is exceptionally important as many of the vaginal mesh related neurological injuries caused by Boston Scientific Corporation are latent injuries that occur years after implant.” Dr. Vigna adds, “We have been seeing more transobturator sling latent injuries causing pudendal and obturator neuralgia caused by the degradation, shrinkage, and excessive perpetual scarring that occurs with these devices placed blindly in close proximity to these nerves.”
“We are hearing from experts in the field that these devices are inherently dangerous…the magnitude of risk of life altering pain doesn’t justify the use of transobturator slings.” – Dr. Greg Vigna
Dr. Vigna adds, “These latent injuries are subject to the discovery rule and it is important to file these cases quickly. My team recently filed a woman’s claim for injuries from an Obtryx sling that was implanted over 14 years after implantation. We filed this case in the Middlesex Superior Court in Massachusetts against Boston Scientific, avoiding the 12 year statute of repose of North Carolina where she was implanted.” (Docket No.:2081CV00429)
Dr. Vigna continues, “We are hearing from experts in the field that these devices are inherently dangerous. In the long term they will teach jurors that there is a foreseeable and unavoidable risk of pudendal neuralgia and obturator neuralgia causing disabling pain syndromes and that the magnitude of risk of life altering pain doesn’t justify the use of transobturator slings.”
Greg Vigna, MD, JD, operates a California and Washington DC law firm and has teamed up with Martin Baughman, a national pharmaceutical injury trial law firm from Dallas, Texas, and together they represent women with catastrophic pain syndromes that are proceeding down the path to justice.