Boston Scientific Corporation is hit with three lawsuits this week from women injured by the Obtryx transobturator sling.
Boston Scientific Corporation has been hit with three lawsuits this week from women who were injured by the Obtryx transobturator sling used for the surgical management of stress urinary incontinence. The Transvaginal Mesh Multidistrict Litigation in West Virginia (MDL) has been closed to new cases since June 19, 2018. New injury cases must be filed directly in State Court or Federal Court where the implant occurred or where the principal place of business is located of the TVM manufacturer. Cases previously filed in the MDL that have been ‘dismissed without prejudice’ must be filed directly in Federal Court where the implant occurred, where the Plaintiff now resides, or where the principal place of business is located of a TVM manufacturer.
Two of the three filed Obtryx sling cases had been ‘dismissed without prejudice’ after the injured women rejected offers of settlement in the MDL. One was filed in the U.S. District Court Middle District of Florida Tampa Division(Case Number: 8:19-cv-01561) and the other in the U.S. District Court Southern District of Texas Houston Division (Case Number: 4:19cv-02366). The third case is a ‘new injury case’ and is filed in the United States District Court Middle District of Florida Tampa Division (Case Number: 8:19-cv-01550).
Boston Scientific Corporation is accused of negligence for selling a defective medical device and failing to warn about safety risks, and fraudulent concealment. 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, and complex regional pain syndrome.
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 diagnosis including complex regional pain syndrome, pudendal neuralgia and obturator neuralgia, future medical and nonmedical care needs, and vocational loss as is typical with all catastrophic personal injury cases as well as Loss of Consortium causes of action for the spouse.
For articles, video resources, and information visit the Pudendal Neuralgia Educational Portal (https://pudendalportal.lifecare123.com/) or https://tvm.lifecare123.com/. Click here for information regarding sling related complications: https://tvm.lifecare123.com/slingebook.html