DALLAS – A 12-person jury awarded a transvaginal mesh victim $73 million Sept. 8 for injuries she suffered from having been implanted with a plastic mesh sling to treat stress urinary incontinence.                

Judge Ken Molberg presided over Salazar vs. Boston Scientific, Corp. in the two-week trial in Texas’ 95^th Judicial District Court.

Plaintiff’s attorney  David Matthews  presented evidence that prior to surgery for incontinence, 38-year-old Martha Salazar had been gainfully employed by one company for 20 years, until mesh surgery destroyed the quality of her life and work.

The sling procedure left Ms. Salazar with a pronounced limp and permanent pain. The plastic mesh failure led to 42 additional procedures to remove it and treat complications.

Ms. Salazar’s attorneys charged that, over a seven year period, Boston Scientific failed to warn doctors and women of the Obtryx sling’s serious complications, though  the company was aware of them. Boston Scientific also withheld from doctors a clinical study that showed serious complications.

The Salazars were awarded a total of $23,465,000 in actual damages. The jury was instructed that all twelve of them needed to unanimously agree on any amount they set for exemplary damages. Matthews had asked the twelve to give whatever they thought would get the attention of the company, to change the way it does business, and to change its safety policies. The jury awarded $50 million in punitive damages. See the Salazar Jury Charge.

Boston Scientific spokesperson Kelly Leadem emailed Bloomberg News a statement that read: “We strongly disagree with the jury finding and intend to appeal based on the strength of our evidence.”

The case is Salazar v. Lopez, District Court for Dallas County, No. DC-12-14349.  Tim Goss, Rich Capshaw, Sheila Bossier were also part of the plaintiff’s team.

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Matthews & Associates represents many other women hurt by transvaginal mesh. Contact the firm for a free legal case evaluation.

Related:

Boston Globe: Boston Scientific loses Mesh Trial