Jury Awards $26.7 Million to Four Women Injured by Boston Scientific Pelvic Mesh!

//Jury Awards $26.7 Million to Four Women Injured by Boston Scientific Pelvic Mesh!

Jury Awards $26.7 Million to Four Women Injured by Boston Scientific Pelvic Mesh!

Pinnacle pelvic floor kit brochure recalled by the fdaMesh News Desk, November 13, 2014 ~A nine-person jury in the defective product trial of a pelvic mesh product made by Boston Scientific decided this evening the four women should receive over $6 million each for the injuries they suffered! 

The nine-person jury entered into deliberations 2 pm today (Thursday, November 13) and delivered their verdict about four hours later.

They decided the Pinnacle Pelvic Mesh Repair Kit was defectively designed and that its instructions to physicians were also defective, that the company was negligent and failed to warn patients about the dangers of the Pinnacle.

The award represents compensatory damages. The jury declined awarding punitive damages, designed to send a message to the company.

The women suffer permanent damages including chronic pelvic pain and infection, nerve damage and mesh migration.  They face further surgeries to have the Pinnacle removed. It is intended to be a permanent implant.

Plaintiffs Margarita Dortes, Maria Nunez, Juana Betancourt and Amal Eghnayem will receive between $6.5 and $6.7 million.

The decision against Boston Scientific was the first for a bellwether case. The company faces nearly 15,000 consolidated defective product cases filed in federal court in West Virginia.  A bellwether case tests legal theories to determine the relative value  in hopes of reaching a settlement.

The company said in its last quarterly SEC report that internationally it is facing 23,000 product liability actions over its pelvic mesh products in the U.S., Canada and the UK.

Federal courthouse Miami

Federal courthouse Miami

Closing arguments Thursday afternoon,  Shelly Hutson (Clark, Love Hutson), one attorney for the four women, reminded jurors their case showed Boston Scientific was the last mesh manufacturer to have a pelvic mesh kit on the market. the mandate was to rush it to market without any testing to first prove its safety.

Hildy Sastre (Shook Hardy) said the warning to physicians were adequate and some of the plaintiffs suffered preexisting conditions that led to the pain and complications they suffer today. “There is no such thing as a risk-free surgery,” said Sastre reports Reuters.

The last case of Salazar v. Boston Scientific resulted in a $73.5 million verdict for Ms. Salazar in September, which has since been reduced by half.

At this writing, there is another trial being heard against Boston Scientific in Charleston, West Virginia. The Obtryx, midurethral sling has been called defective in its design in that product liability case. In that consolidated proceeding, four women claim it too was defective in the design and in its instructions to doctors for use.

Boston Scientific used polypropylene mesh known as Marlex to make its pelvic mesh implants to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). The Pinnacle Pelvic Floor Mesh Kit was the largest among all mesh kits ever made among all manufacturers to treat POP. It was voluntarily recalled from the market by Boston Scientific in 2011.

By | 2018-05-29T15:37:41+00:00 November 13th, 2014|News|49 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.


  1. tvtinfo November 13, 2014 at 6:47 pm - Reply

    Thanks, Jane, for bringing us this excellent news.


  2. stopmeshimplants November 13, 2014 at 7:14 pm - Reply

    Thank goodness! Here we go ladies. Bring on some more of these bellwethers. The word is going to get out and these manufacturers will be held accountable. We have to believe! Feeling so hopeful with this verdict. Huge thanks to these plaintiffs who told their story and shared such personal information. We are one step closer to getting this mesh off the market. Thanks for your coverage, Jane. Grateful.

  3. Jane Akre November 13, 2014 at 7:42 pm - Reply

    Media is getting it too…. Reuters had a reporter in the courtroom for the verdict! Thanks to Lana Keeton for calling it into me!!

  4. mary l. November 13, 2014 at 7:47 pm - Reply

    I too am thankful for your excellent coverage. I now have hope for myself and all the others who are suffering. Thank you Jane.

  5. Linda h November 13, 2014 at 8:21 pm - Reply

    Awesome reporting once again. Special thanks to Lana for additional coverage. Fantastic news for these ladies.

  6. Dean November 13, 2014 at 8:53 pm - Reply

    Fantastic news hopfully the Ethicon cases will turn out with a fantastic result like this thanks Jane

  7. Dan Bolton November 13, 2014 at 9:17 pm - Reply

    Great coverage of the trial, Jane! Your reporting is always insightful, always on point.

  8. Joleen Chambers November 13, 2014 at 11:35 pm - Reply

    Lana Keeton and Jane Akre have my respect and admiration. For any readers that do not know Lana, at minute 11 on this video (2010) Lana speaks to the Institute of Medicine about the harms of surgical mesh. http://www.tvworldwide.com/events/iom/100614/default.cfm?id=12479&type=flv&test=0&live=0

    She has labored for justice while harmed herself. This verdict is validation of her tenacious efforts.

    • Jane Akre November 14, 2014 at 8:56 am - Reply

      Thank you Joleen….Lana took some heat for wanting to charge women for her advice….believe me I understand how this can drain you financially so we all need to understand each other and please have compassion!

  9. Jane R. November 13, 2014 at 11:54 pm - Reply

    Jane, again thank you for all you do. You are a special Angel for sure. Thanks also to Lana Keeton.

    We are almost at the top of the mountain here.

  10. Disgusted November 14, 2014 at 12:06 am - Reply

    This is good news! I am disappointed that the jury didn’t go as far as punitive damages. Might be due to prejudice – I’m injured too. I think they should all be punished and serve time in jail. I also would like to see the FDA overhauled. It is just unbelievable. This is senseless and no amount of money will give them their lives back. I do thank Jane, Lana, and all the others who are the forefront of fighting against this atrocity known as mesh. There are other medical products hurting people also and all of this should STOP. Until someone in authority faces the reality of what they’ve done this will continue. Once again, this is good news! I hope it helps these women get some healing. I was worried that the judge prematurely sent the jury off. I’m sure this will be appealed. I pray it goes quickly for the injured women.

    • Jan Urban November 14, 2014 at 6:09 am - Reply

      It seems the past is not behind us. In the United States throughout most of the 20th century Human Experimentation was prevalent. We are now in the 21st century. But if you ask a Mesh Survivor if they were subjects of an unethical, illegal human experiment. My guess they would say yes. The latter part of the 20th century brought outrage, hearings and supposedly regulations and guidelines for human research. Once again, if you ask a Mesh Survivor if they were protected by these regulations and guidelines. My guess is they would say. No they were not. But one might say that Mesh Implants are not experiments, the FDA let them go to market. But a Mesh Survivor now knows that these Mesh Implants were never tested, or trials never ran on these devices. Human Experimentation in the United States were performed without the human subject knowledge. Now, Ask most Mesh Survivors how much information was given to them about the Mesh Device prior to implant. My guess is they would say, very little to none The Policies put into place to protect human subject research certainly were not applied to Mesh Devices and the 10’s of thousands who have been injured. The Manufacturers of Mesh Medical Devices are Guilty of Human Experimentation and the FDA is Guilty of not protecting us . This is how I feel. It’s wrong and the post medical care is negligent. No, it can’t be the Mesh? NO, NO, NO, and then YES, YES. So, what else would you call what we’ve been going through? Human Experimentation. The Tort Reform is wrong for permanent, implantable medical devices. It just wrong, wrong wrong! All of it is wrong!

      • stopmeshimplants November 14, 2014 at 6:19 am - Reply


        You are so right. I have felt like an experiment for years. And then I felt like an idiot when I went to the implanting physician who acted as if I was a lunatic while I cried with my pain issues. He must have seen so many of us and knew exactly what was happening. It is just disgusting to think about it.

        • Jan Urban November 14, 2014 at 5:40 pm - Reply

          Stopmesh implants. I was a raging lunatic and it began the evening of my implant. No one would help me with the excruciating pain that is still with me. I would yell, cry and scream at him and staff. What the H did you do to me. You ruined my life……this went on for months and months with no resolve. Have been bouncing from Dr. to Dr. Just call me Lunatic Jan I did find out that he the implant doctor has documented every complaint. take care.

      • Mary Pat November 14, 2014 at 11:54 am - Reply

        Well spoken. You are 100% correct! I couldn’t have said it better.

  11. Jamie Moore November 14, 2014 at 12:20 am - Reply

    Thanks for setting the footprints for the rest of us suffering from this same painful mesh device. And God bless.

  12. Linda Romero November 14, 2014 at 6:59 am - Reply

    Thank you Jane and Lana for getting the information out to us! I absolutely don’t understand why this is not on the National news. I guess for these companies 27 million and the people they have ruined is only a penny in the bucket. It becomes so frustrating. I saw a big news story regarding the govt. stepping in and stopping military people from smoking because of the health care costs associated with smoking. You ladies, the doctors and scientists screaming mesh is not safe, the scientist from Chevron and these 9 jurors have seen the evidence and decided it’s not safe. Yet our own government will not advocate and say no more. This settlement is a drop in the bucket because between now and the end of 2014 how many more women will be implanted with mesh? How much profit will they make between now and the end of the year just ruining women’s lives? Victory is when it is no longer available for use. I am thrilled that they will have the financial means to care for themselves, yet disgusted with the fact that so many women lay in pain and infection unable to receive adequate heath care because they don’t have jobs or insurance. The evidence has been presented and repeated with guilty verdicts, yet the atrocity continues quietly! One step at a time. One very slow step.

    • Jane Akre November 14, 2014 at 8:54 am - Reply

      Linda you are so right about the amounts. First, no amount will be enough…. but secondly, we need a few more zeroes to even start to make it right…..

  13. mary l. November 14, 2014 at 7:06 am - Reply

    It is very upsetting. I want to my doctor yesterday.Told him about the pain I am still having.He said he does not know why the pain is there. Sharp and dull paln.Also burning when I urinate. I think I need to see another Dr.with more knowledge

    .Which means traveling about 2hrs. And seeing if my insurance will cover the charges. I feel as if I have to try to figure this out myself. Do not know what to do.

    • Jane Akre November 14, 2014 at 8:51 am - Reply

      Mary- You should not do this alone…. there are women in your area or with you implant who can help. Do you have all of your medical records? Get them!

      Please steer your doctor to this site so he can READ! I’m assuming he can read.

      Please get back so you can have support and some guidance. Thank you..


    • Disgusted November 14, 2014 at 9:32 am - Reply


      Jane is right. I had the same symptoms. If your Dr. is in the dark, keep looking. This problem only gets worse when not dealt with. Reach out to the women in your area. This is insane – they drop a product on the market with no plan on how to handle issues if it goes wrong. Permanent – no testing. Idiots. Greedy idiots. I hope there is an investigation into the careless regard of human life and justice is served.

  14. Karen November 14, 2014 at 8:22 am - Reply

    Thank You Jane and Lana for keeping us up to date !

  15. PLC November 14, 2014 at 11:58 am - Reply

    Keeping all fingers crossed that the other two trials will have the same outcome

  16. Anonymous November 14, 2014 at 12:04 pm - Reply

    I think the last very high in numerical settlement, mesh verdict in TX woke the media up!

    Reuters Report.


    • Jan Urban November 14, 2014 at 6:50 pm - Reply

      Anonymous, Thank you for the web addresses. I went to each one and left a comment at the tribune and one at the herald. It was pretty easy to do.

  17. mary l. November 14, 2014 at 12:18 pm - Reply

    Thank you all for your.concern. I have already had a major surgery for the mesh .I really appreciate the info I have from you ,Jane and Lana . Thanks for keeping us informed

  18. Jane R. November 14, 2014 at 12:41 pm - Reply

    Mary I,

    I get the same response and my doctor is a top urogyn. And I think the hospital just does not want to get involved in this mess. She says the myofacial pain and sciatica in my hip is not from the mesh. Searing leg pain within 36 hours of surgery. The TOT mesh tape broke twice during my surgery and they had to get a new one. She also has said she doesn’t know why I get groin pain. If I bend over too much I will get stabbing pains in my left or right groin area. And bending over means to me picking up something that has dropped, putting dishes in the dishwasher, getting clothes out of the dryer. There bottom cupboard in my kitchen is empty. I have a bookcase for a dresser because I can’t bend over for the bottom drawer. The pain comes randomly and I better not be driving a car when I get an attack. She even tells me it’s only the Prolapse mesh that is causing problems not the mesh kit for incontinence

    Mesh has eroded and she says she can take the sling out. But it won’t help my hip and leg pain. And it could get worse. So I’m holding on surgery. And to tell you the truth I am terrified to think of ever having surgery again. The Pain center gives me antidepressents to take for the pain so I’m a zombie. My body feels like it wears the lead they cover you up with to take dental x rays all day long. I’ve applied for SSDI but have been denied because no doctor says the mesh causes xyz and that it will not improve. SSDI tells me I can still walk so I should be able to work. I just hope to hold where I am now. Not only do mesh survivors have health issues but many can’t work and are struggling. I was an Adminstrative Assistant making 50,000 a year. I am grateful that the lights are still on and I have food in my belly. But it has been really rough dealing with health, finances, my marriage. Let’s keep supporting each other and fighting.

    • Jan Urban November 14, 2014 at 7:11 pm - Reply

      Jane R, I don’t understand SSD denying your claim. You have so much that is wrong what difference does it make whether it’s the mesh or what ever. It’s outrageous that you have worked all your life and you have to fight for your benefits. Get in touch with your Senator. This is new ground for all the medical fields and for SSD, but feel your Doctor needs to step up to the plate. This is not her first application summary for SSD. If she only knew what the over bearing pain that come over your body just trying to do normal everyday tasks. I to have the feeling of lead weights that keep me from moving I had a TVT Exact sling for SUI. Keep pushing her to fill those forms out and help you get your SSD.

    • Disgusted November 14, 2014 at 8:28 pm - Reply

      Jane R, if there is any possible way – get to Dr. Raz. The mesh has to come out. It is affecting the obturator nerve, which is common with obturator slings. Look up obturator neuralgia. Just saying.

  19. angela November 15, 2014 at 12:00 am - Reply

    I am part of the cases against Boston Scientific and I just want to say thank you for covering them so well.. is there anyone who can please explain what these bellweather cases mean to the rest of the cases and how they affect the outcome? I really do not understand the process. thank you

  20. Tammy November 15, 2014 at 12:29 am - Reply

    Jane, Thank you for AWESOME reporting, as always. Thank you Lana, for going and calling it into Jane. Praying the ladies won’t have to fight an appeal. How much longer can mesh stay on the market before the FDA does whats right? Praying all mesh surviors keep fighting and stand together. Thanks Joleen for the link and it was so nice meeting you. Through this mesh journey God, has giving me the opportunity to meet such beautiful women. Its wonderful to meet a lady that you have never seen or spoken to before in your life and have more in common that your family member. It is a gift from above, it helps me to know that im not crazy like the doctors wanted me to believe. On to the next case……be blessed ladies.

  21. Laura C November 15, 2014 at 3:37 am - Reply

    To the women who have made it through these trials, I want to say, “I am sorry” and thank you for your courage.

    I have a dream, IMAGINE IF, women who had good product outcomes and their implanting doctors would have a posture of thankfulness for all of the women whose lives have been sacrificed for their benefit. IMAGINE IF, the manufacturer of these products stood beside women with bad outcomes to help them get the very best treatment, referring women immediately to the most highly trained doctors, to diagnose best methods of extraction (not discount). And even further, WHAT IF the FDA, would do the job we have appreciated in the United States of protecting people from harm by expecting proper clinical trails be done, without the presupposed bias, that shouldn’t hurt you!? ON THE TOP OF MY WISH LIST, what if clinical trials were done properly so that the very best diagnosis and treatment could be AVAILABLE TO EVERY WOMAN experiencing complications. IF WE ARE UNIQUE and FEW, why should I even be dreaming, this COULD HAVE ALL BEEN A REALITY! My life matters, it is as precious, as 100 women with “successful” outcomes,someday, I want myself and any woman who has suffered silently, in pain I thought wasn’t humanly possible, to be awarded a medal of courage, and be given accolades as heroes! There are a few words , that would be more precious to my soul than money,

    I am sorry. I understand your pain. I will try to help you.

    • Jane Akre November 16, 2014 at 11:11 pm - Reply

      Beautifully put,,, thank you!

  22. Summer November 15, 2014 at 7:12 am - Reply

    Like Angela, I’d like to know more of what the bellweather cases means for the rest of us. Jane, you guys have kept me and thousands of women informed. After reading from women who have had surgeries in the past, it appears their condition got worst. Yes, there are now doctors that are more experienced in removing the mesh, but quite a few have suffered from the doctors not knowing how to remove it. I suffer everyday with this, but again, how will they compensate us for future surgeries. The only reason that I hadn’t had surgery is because of no insurance.

    By the way, has there been any issues with the website. The other day when I tried to get on, it just went into orbit,

  23. Jane R. November 16, 2014 at 12:40 pm - Reply

    Disgusted & Jan I,

    I wasn’t awarded SSDI because I didn’t got to the doctors for a year and a half. I didn’t have any medical insurance, husband laid off from work, he had a heart attack. So because I didn’t go to the doctor the judge denied me. But I also still do not have a doctor that says I have these conditions resulting from the surgery. I met a wonderful urogyn in 2011. When I had insurance. Saw her twice and I really liked her. She said because of my nerve damage if I ever need surgery to have a trauma surgeon in the operating room to hopefully keep me from loosing the use of my legs. So that’s why I’m really hesitant on surgery. She had a serious auto accident so no longer sees patients. I see the head of the Urogyn department at a teaching hospital and she says that the mesh is not causing my leg pain. And removing the mesh is not going to help with the leg pain. I wish I could see dr Raz for a consultation but I don’t know how SSDI would look at that going to another state for a doctors report.

    • Disgusted November 16, 2014 at 1:32 pm - Reply

      Hi Jane R,

      I disagree with your Dr. – and yes I’m not a Dr. or in the medical field. But I am mesh injured and I do have obturator damage. Once the mesh was removed that improved dramatically. Still have issues – yes. But much better. Not many are willing to do surgery in that area as it is very complicated and dangerous. I can see why your Dr. would state the danger. Dr. Raz is willing and very good at what he does. He did state “your leg pain is from mesh” (to us). With the mesh located where it is, the chance of getting worse over time is good. I’m sorry this has happened to so many of us. It is disgusting. I’m also sorry that you can’t get a proper diagnosis. It is disturbing that so many Dr.’s are unwilling to step up to plate and admit the truth. I saw the head Dr. at a teaching hospital and he denied that mesh caused my pain too. Dr. Raz put that to rest. I know you’re in a very difficult situation and what you’re facing is almost impossible. Hang in there. I wish I could do more.

  24. maryl November 17, 2014 at 8:13 am - Reply

    Hi everyone, I am looking for the best Dr. in south Florida to help with more mesh removal .If anyone can help with info I would greatly appreciate it. I feel like there is some mesh trying to come through again.Thanks

  25. Kitty November 17, 2014 at 11:53 am - Reply

    Do the 4 women in the recent Bellwetheer actually get 6.5 million dollars if BS does not contest? I was wondering as some women will get 43 thousand dollars and they may have been injured moreso. Just asking.

    • Jane Akre November 17, 2014 at 12:11 pm - Reply

      Hi K- First of all Boston Scientific will appeal, if just to save face than for any other reason. They will have to share that amount with whatever percentage they have contracted with with their law firm, usually 35 to 40 percent which may or may not include expenses. That is my understanding as a non-lawyer…. ~ ja

      • Kitty November 17, 2014 at 8:58 pm - Reply

        I hope they are able to get that money==as they will need it for more surgery and equipment. I am thinking of the women from AMS that will be getting only $40K instead of 6 million.

  26. mary l. November 17, 2014 at 4:09 pm - Reply

    Jane how long does it usually take for the appeal process? Also do you know the results of the other trials. Again I very much appreciate all you are doing for us.

    • Jane Akre November 18, 2014 at 10:42 am - Reply

      Appeals can take years…..that’s why settlements are so much more desirable…. however you will be low balled on a settlement which is pretty obvious by now. And your law firm needs to fight like hell for you which is also pretty obvious….. but the corporations know that they have more money than the law firms so it becomes a game of chicken, who will blink first. J&J at $70 billion a year thinks they can hang on forever….Somewhere in there, the thought about doing the right thing gets lost. Shareholders however likely have more of a conscience. anyone want to plan to attend the J&J shareholders meeting in April? Just a thought….

      • Kitty November 18, 2014 at 3:29 pm - Reply

        I wonder who the attorneys were for the 500 CR Bard victims. Thanks for the info.

  27. PLC November 17, 2014 at 5:02 pm - Reply

    Has anyone heard how the other two trials have been going?

  28. injured November 18, 2014 at 2:59 pm - Reply

    why haven’t they found proof that this mesh inside your body causes autoimmune issues so severe that it destroys people’s lives as well. I was an active vibrant and energetic mother and now it is a struggle to get up let alone do laundry cook and do things with my son. This mesh has destroyed my life and I want someone to pay. Yet we are still just going to court for failure to warn. We need to implant this shit in everyone of those people and make them live out the rest of their lives in prison with it. They have destroyed our lives. And nobody says anything in court about autoimmune problems it has caused. I am soooo angry…

    • Jane Akre November 18, 2014 at 6:10 pm - Reply


      There is certainly enough evidence among the mesh injured that autoimmune problems are an issue! The science is slow in catching up and will take an investment in $$$ to connect the dots.. At this point the law firms have paid a lot to hire experts to say the mesh is defective and they have proven that by many jury decision… now the next investment in dollars to connect the autoimmune dots. Anecdotal evidence is not enough in a court of law and apparently not enough for the doctors who are still using it and the medical societies who have their heads in the sand…

  29. Venetia Rose November 27, 2014 at 6:06 am - Reply

    Thanks for sharing this news Jane.Shocking to hear about the Pinnacle Pelvic Mesh Repair Kit which caused severe damages like chronic pelvic pain, infection, nerve damage and mesh migration in women.Removing such an implant is a difficult and risky procedure,but women are determined to find surgeons who can do it http://www.stltoday.com/lifestyles/health-med-fit/health/women-come-from-across-world-to-have-st-louis-doctor/article_0deb184e-007a-543c-8cd4-884620c1263d.html . Great to hear about Margarita Dortes,Maria Nunez, Juana Betancourt and Amal Eghnayem who have taken up the matter legally and claimed for their compensation .Such cases cannot be neglected and legal action should be taken.There plenty of medical malpractice lawyers in Toronto http://www.sommersandroth.com/areas-of-law-practice/medical-malpractice/ who deal with all medical issues.

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