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Salazar v Boston Scientific- $73.5 Million – How it Breaks Down

logoMesh News Desk is thankful to attorney Kevin Edwards – Edwards and de la Cerda law firm here, who was involved in the case of Martha Salazar v. Boston Scientific for a breakdown of what the jury decided in this unprecedented jury decision.

Boston Scientific has announced it will file an appeal.

Salazar v Boston Scientific (#DC 12 14349), jury decision September 8, 2014 reads as follows:  

Physical pain and mental anguish in the past. $1.5 million

Physical pain mental anguish in the future – $10 million

Physical impairment in the past – $750,000

Physical impairment in the future  – $5 million

Medical care in the future  – $3 million

Loss of earning capacity  – $1.7 million

Felix Salazar Loss of household services in the past  – $15,000

Felix Salazar Loss of household services in the future  – $500,000

Felix Salazar Loss of consortium in the past  – $250,000 

Felix Salazar Loss of consortium in the future – $750,000

Jurors decided by Clear and Convincing Evidence that Boston Scientific displayed Gross Negligence  – $50 Million in punitive damages!

Total Amount of Compensatory and Punitive Damages  = $73,465,000

Seventy three Million, four hundred sixty five thousand dollars.

(that is M meaning million not thousand, as was recently said by Dr. P in Huskey case)

 

41 Comments

  1. Jane R. says:

    Wow. Can’t wait to here the whole story. What was said in court and who testified.

  2. Jackie says:

    I am over the moon about the GROSS NEGLIGENCE hit for $50 MILLION!

    That is a LOUD & CLEAR STATEMENT That I am have waited for!

    Now we just NEED CRIMINAL CONDUCT ADDRESSED & I do believe this toxic product will FINALLY BE BANNED FROM THE MARKET?!

    I have faith now that this hideous product & the mesh manufacturers will finally be exposed to the public and this will be the GREATEST VICTORY OF ALL!

  3. I was the only court observer for the mesh community. It would definitely help to have more of us at each trial. I am not mesh injured, but I know many who are that are unable to come themselves, but a friend or family member could advocate for them by attending. Public observers can come and go from the courtroom, so you are not signing up to stay for the whole trial or the whole day. In addition, women’s organizations and human rights organizations should be participating and demanding that our governmental representatives pay attention and change policy to PREVENT this catastrophic, irreversible harm. Please make sure that you are supporting citizens’ right to trial by jury and demanding that settlements not reward the perpetrators and prolong harm by signing non-disclosure agreements that will impede patient safety. Tort reform is not the friend of the harmed patient or their family.

    • Jane Akre says:

      So true Joleen… Thanks for being there. We have another October 6 in Dallas Figueroa v Boston Scientific for her Solyx sling, then November 3 in San Antonio, Ramirez case v J&J. Nov 3 in Miami Boston Scientific case, actually four plaintiffs before Judge Goodwin (federal court) January is a death case in Lake of the Ozarks, Missouri (Slater). Am coming up with a calendar soon.

    • Harold & Donna Collier says:

      My wife Donna has had 13 mesh surgeries 3 to put the slings in 8 for repairs and she getting rdy. for her second mesh removal .I would like to attend if another trial is in the Dallas area,if we find out when

  4. Susan says:

    Help!!! Why are some of our lawyers( big law firms) telling us to settle

    For a few thousand! Or we would have to find another lawyer if we don’t ?

    I am so discouraged. I’ve had 5 surgeries and now being

    Told. Settled for a few thousands not even enough to cover my co pays I’ve paid out

    Of pocket. HELP? What to do? I’m sick of all this !!

    • Jane Akre says:

      Susan- do you have AMS? Those are settling for a low number allegedly because the company does not have assets.

      • msm says:

        AMS may not be able to fund their settlement, but you can bet their management will get paid.

      • Mary pat says:

        Jane, can you elaborate on this? How could AMS not have assets? They were purchased by Endo and Endo agreed to accept the liability.

      • Mary pat says:

        Annualreport.endo.com. Go to this website. AMS/Endo has assets!

      • msm says:

        The current settlement is to be funded within a year but it will settle fewer cases than initially projected. It is not clear who woll be responsible for current liabilities but it is most likely the buyer. There is mention of Boston Scientific may be interested. One motivation for a buyer may be to relocate the company in another country for tax inversion. I would hope that the SEC would require Endo to complete funding for the current $830 settlement before sale of AMS and would require a buyer to show that it can cover other current and projected liabilities and to set funds aside.

        I am enjoying seeing AMS sweat a little. This is from a message board of comments from industry insiders and employees.

        “Women’s Health is terrifying for AMS in particular (and whomever takes on that “burden”). $830 million mesh settlement will be inherited by the new owner.”

        There are a lot of interesting comments at the links below. There is even a mention that BS may be interested in aquiring AMS. What a mess that would be adding insult to injury.

        http://www.cafepharma.com/boards/archive/index.php/t-564683.html

        http://www.cafepharma.com/boards/showthread.php?t=564683

        This is a link to the Wall Street Journal announcing Endo’s intent to sell AMS.

        http://online.wsj.com/articles/endo-puts-medical-device-unit-ams-on-the-auction-block-1408749595

  5. msm says:

    Sorry to be a wet blanket, but those punitive damages will not hold up under Texas law. The jury awarded it because they are not told about the limits prior to deliberation.

    In the state of TX, damages awarded against a defendant may not exceed an amount equal to the greater of: (1)(A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000.

    Economic damages are around $5 million. So the max would be around $10 million plus $750,000. Chalk one up for “tort reform”. The legislation that allows manufacturers to get away with murder.

    It is still a very nice award to the Salazar’s although we all agree no amount can full compensate them.

  6. Nikki says:

    Jane can we get a calendar

    Of trial dates so we know when they are happening? I wasn’t aware one was going on.

    This is great news…thank you for all your hard work and sacrifices.

  7. Tammy says:

    Was a this a state cas? MDL? Thank you Jane and Joleen.

    • Jane Akre says:

      Yes it was a state case… 95th Judicial District Texas, civil division. You can pull up the documents under Judge Molberg,

  8. stopmeshimplants says:

    This is what we have been waiting for. I do wish I could travel to be at these trials. I am fascinated by the information Jolene, Jane and others provide during these trials. These verdicts give us hope that one day someone will listen and eventually mesh kits will be removed from the market. This no longer feels like a dream. We are taking baby steps toward this reality.I am forever grateful for all the support at these trials and for the jurors who are doing their job and are finding for the plaintiffs in these mesh cases. Finally, there is some hope!

  9. Dean says:

    Jane a calendar would be so helpful would you post it on News Desk and or We Are Mesh Survivors hopefully there won’t be to any more cases and these manufacturers decide to settle trying to be positive

  10. Jane R. says:

    I can’t wait to run this by my doctor. Chief of the Urogyn dept.

    She wrote a letter in May stating that the mesh is not causing

    the problems I’m having.

    Ie: leg pain, shooting stabbing pain down my leg, leg cramps, groin pain, lymphedema, myofascial trigger points,

    Leg pain started within 36 hours of surgery. The doctors told me that oh it’s probably sciatica. You get that when you have surgery or a baby sometime. It will go away. 6 years later….

    • Dean says:

      Jane R: Thats exactly the same symptoms my wife is having and it’s four years later as goes for the Myofascial my wife has just recently looked this up and found out the meaning for this sometimes she tells me it feels like your being shot sharp and intense pain where ever it decides to happen on her body.Jane you mentioned the word Lymphedema what is the meaning of the word what it’s used for? Thanks

      • Dean says:

        Jane R Just looked Lymphedema up my wife swells up to one thing we can’t understand is her hands they go all tingly on her my wife takes Gabapentin for this on top of other meds for other symptoms of having this mesh she was sent to see if it was Carpal Tunnel and she knew it wasn’t even the person who did the test said there’s something else going on here with everything else which my beautiful wife has had to endure and still is by having this mesh put in and two removal surgeries what’s in her future more medical terms for new symptoms thanks for putting that up Jane at least we got another medical term for what’s going on with my wife

        • Jane R. says:

          Dean,

          The myofascial pain can be any where in your body. Sometimes my hip, my back or shoulders.

          The muscles just lock up. Like a Charlie Horse but 100 times more painful. I didn’t know about the myofascial pain until this year when it went full blown in my hip. Never in my life did anything hurt so bad.

          Worse than labor. I couldn’t walk, sit, lay down, sit on the toilet was excruciating. Had to keep a towel

          over my mouth when I got up and down to hold the screaming in. And I’m not a whimpy person.

          John F. Kennedy had myofacial pain too. But pelvic exercises may help. They have eased it a little for me.

          But not that stabbing pain down my leg that I get.

          I had my surgery in March and I went from a size 8 to size 16 in 3 months. I just blew up.

          All my life I weighed pretty much the same. Lymphedema looks like cellulite but it is

          much more. And painful to touch. I have it in my legs and now pretty much throughout

          my body.

          • Dean says:

            Hi Jane R:Thanks for replying The more I read on everybody else’s pain and hurt and how similar it is to my wives it gets scarier and scarier it’s really scary when she gets these sharp pains in the middle of the night and you don’t know exactly what’s going on due to Myofascial.My wife had her last surgery in June of this year to try to get the rest of the mesh out in UCLA with Dr Razz.Like you my wife is a strong woman tries not to complain I just can’t imagine the pain just for this issue alone what she goes through it’s hard to see the one you love going through all of this like you said to gaining a bit in dress sizes that’s another issue as my wife gets depressed over this to as she was a lot slimmer before getting this mesh in and the out. All I can do is be there for her and support her like thousands of others it’s turned our lives upside down.Take Care

          • Vickie says:

            Is there a Dr. that is a women’s advociate that can tie all this to the mesh? I need to see him/her.

  11. Kitty says:

    Thanks for the reporting Joleen and Jane. Can AMS file banruptcy on the $830 million?. Regardless——these “wins” are validation to our disabilities, pain and suffering—having the medical assistant ask in a condesending tone–“Do you still take Vicadin?”–as she rolls her eyes. It is “yes yes yes” and “PRAISE THE LORD”

    • msm says:

      Kitty, I think either Endo or the buyer has to fund the $830 settlement. The SEC would hold Endo responsible if it doesn’t sell. The buyer (if it sells) would take on the remaining and future liability. That is my understanding. There is a part of me that wonders if it being used to scare women into taking the settlement currently offered. But Endo’s desire to sell has been announced publicly. We need to have our eyes open and our necks on a swivel.

  12. msm says:

    All from CafePharma Forums.

    As a reference:

    “Camille” may refer to President, AMS, Inc..

    “Tonka” is Mnnetonka, MN where AMS is located.

    “Rajiv” may refer to the President & CEO, Endo Plc.

    http://www.cafepharma.com/boards/forumdisplay.php?f=255

    I just can’t stop reading (but I’ll stop posting and let you read for yourself):

    “Womens health is on life support. Decent products but the litigation

    risk is to great for it to sustain itself. Camille believes that by

    maintaining a presence in the space that this will signal the market

    that we’ve done nothing wrong and there is no smoke to the raging fire

    burning in the thousands of legitimate patients pelvis’. PH? a cluster

    beyond repair. Zero leadership. No direction, declining sales. Triple

    whammy. The sales force is currently training the mobiles to take their

    job from them.

    Meanwhile, Rajiv is defending an AMS losing strategy to wall street,

    funneling monies that would and could go to product acquisition to

    attorneys and mesh settlements, and we are posting declining revenues.

    rajiv has no loyalty to anyone at ams. Look for the ELT team to be swept

    out and Rajivs posse put it in. Meanwhile the sunshine pumpers, Dev,

    Mark, and Mike will continue to blow smoke up Camilles vagina and say

    that we are turning the corner. The next town hall ought to be great. ”

    ———-

    The hundreds of millions that endo is banking to pay the

    litigators is the noose around our neck as no smart company would take

    on that level of risk. Tonka will be a ghost town, the sales forces will

    take the brunt of the chopping, and Camille will get a big bonus so he

    can buy some more hair gel and a new fancy belt but not before he has an

    extended vacation in europe, japan, and australia.

    ——–

  13. Jane R. says:

    It would be great to see a list of doctors in each state that do agree with the mesh causing pain.

    It’s quite obvious it does. After seeing the verdicts in the past couple of weeks, how can any doctor say the mesh does not cause pain.

    The responses I’ve received,

    Sometimes patients get sciatica after surgery. It will go away.

    The mesh does not cause pain where you are pointing to. (groin)

    The mesh doesn’t cause lymphedema. (basically you are obese)

    Your mesh is in the wrong place so it doesn’t work

    • Jane Akre says:

      Yes Jane I agree, even just docs who are beginning to understand the cause and effect would be helpful….of course having competent removal docs would be VERY helpful…. but I’m afraid there are far fewer of them. Trying.. if you hear of any, please pass them along.

  14. George says:

    Those of you wanting to educate your doctors on the complications of mesh implants the peer reviewed literature is very deep. Print a couple off and take with you.

    Here is the search sequence;

    go to Google Scholar –

    type in “women mesh complications” in the search bar

    today

    Some report positive data and if you check the authors disclaimers they are typically funded by medical manufactures reporting short term and spurious results

    Here is a 2014 review article entitled: Changed Women: The Long-Term Impact of Vaginal Mesh Complications

    http://journals.lww.com/jpelvicsurgery/Abstract/2014/05000/Changed_Women__The_Long_Term_Impact_of_Vaginal.4.aspx

    Good luck with the education of your doctor! G

    • mom says:

      Thank you, George. I think should send it to my lawyer, too. He told me that I wouldn’t need to have the rest of the mesh removed because it wouldn’t hurt anything. No knowledge of migration or FBR. I’m still in shock….

    • Jane R. says:

      George this story amazes me. The first uro gyn I saw was part of this research.

      Dr. Ingrid Nygaard. She had a car accident and no longer sees patients.

      I see her collegue, the chief of the Uro gyn department where this research was done.

      My present uro gyn wrote in a letter just this May that the mesh is not causing my pain (leg, groin, leg cramps)

      I don’t get it because I need a doctor to say point blank that the mesh causes me to experience

      A,B,C and that it will not get better. I am fighting to get disability because of this pain. I experience

      extreme hip and leg pain for hours in the middle of the night no less than 4 nights a week.

      I’m pretty much a zombie most of the time and meds do not help.

  15. Renee says:

    What does all this mean for the current individuals who have cases pending against Boston Scientific?

    • Jane Akre says:

      It essentially means nothing… cases continue to be hears. BS files an appeal and hopes for a reversal or a reduction. Eventually the bean counters look at cost versus benefit and decide they will spend less money if they settle. This is my projection and opinion only. That is typically how these things work. A settlement means you do not have to go through years of appeals, but it may mean less money. Very few will be happy with a settlement I believe.

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