The women are ‘newly injured’ since the Transvaginal Mesh Multidistrict Litigation in West Virginia (MDL) closed its doors to new cases in June 2018.
Boston Scientific Corporation has been hit with three lawsuits for serious injuries caused by the Obtryx transobturator (TOT) sling used for the surgical management of stress urinary incontinence (SUI). The women are ‘newly injured’ since the Transvaginal Mesh Multidistrict Litigation in West Virginia (MDL) closed its doors to new cases on June 19, 2018. New Injury cases involving Boston Scientific Corporation must be filed in Federal Court in the state of implantation or filed in the Superior Court in the County of Middlesex, Massachusetts which is where the principal place of business is located for Boston Scientific Corporation.
In contrast to the MDL where erosion was the target injury and number of surgical procedures had a correlation to the amount offered in the various Matrix Settlements, the second wave of transvaginal mesh litigation will focus on the neuromuscular injuries and catastrophic pain syndromes including complex regional pain syndrome, pudendal neuralgia, obturator neuralgia, and ilioinguinal neuralgia.
Boston Scientific Corporation is accused of negligence for selling a defective medical device and failing to warn about safety risks and fraudulent concealment of the magnitude of injury caused by this device. The Plaintiffs are represented by Ben C. Martin and Laura Baughman of Martin Baughman, PLLC and Greg Vigna, MD, JD. Ben Martin and Laura Baughman are national pharmaceutical injury attorneys in Dallas, Texas. Dr. Vigna is a California and Washington DC lawyer who focuses on catastrophic injuries and the neurological injuries caused by transvaginal mesh devices including pudendal neuralgia, obturator neuralgia, complex regional pain syndrome, and ilioinguinal neuralgia.
“My criteria for representation for new injuries are the neurological complications known to be caused by the transvaginal mesh devices and symptoms that suggest neurological injury.” – Dr. Greg Vigna
Greg Vigna, MD, JD states, “The decision on where to file a TVM case is a fact specific analysis of the law as it relates to product liability claims, availability of punitive damages, statutory caps on liability, and other factors. In the three cases, we decided, with consent of our clients, to file in Middlesex County, Massachusetts. The injured women, like an overwhelming majority of my clients, are severely injured with disabling pain and are facing significant future care cost and vocational loss.” (KT vs. Boston Scientific Corp, TD vs. Boston Scientific Corp, VH vs. Boston Scientific Corp).
Dr. Vigna adds, “My criteria for representation for new injuries are the neurological complications known to be caused by the transvaginal mesh devices and symptoms that suggest neurological injury. Clearly, there are many women who have had retropubic slings and suffer with neuropathic pain. Many of these women have undiagnosed ilioinguinal neuralgia from the blind placement of the mesh. TOTs and mini-sling devices cause obturator and pudendal neuralgia. The American Urogynecologic Society (AUGS) must educate its physician members that there are many women that have clear symptoms of neuralgia that aren’t being heard by their implanting doctors and aren’t being timely treated for these catastrophic injuries.”
For articles, video resources, and information, visit the Pudendal Neuralgia Educational Portal https://tvm.lifecare123.com/. We also have a new eBook discussing the consequences of sling implantation.