Mesh Medical Device News Desk, May 29, 2018~ While product liability trials against mesh manufacturers are few and far between, the latest action, Martinez v. Boston Scientific, began this week in Middlesex Co. Massachusetts.
The venue is correct – Boston Scientific, one of the top pelvic and hernia mesh manufacturers is headquartered in Marlborough, Mass. Venue has been a focus of debate recently as defendants try and have cases purged from jurisdictions that are favorable to plaintiffs.
Boston Scientific still stands behind its polypropylene (PP) mesh products, even though one of those that is the focus on this defective product claim, the Pinnacle, has quietly been taken off the market.
Image: Pinnacle Pelvic Floor Repair Kit, Boston Scientific
This product liability case will try to prove Boston Scientific’s Pinnacle Pelvic Floor Repair Kit and the Obtryx Midurethral Sling (to treat incontinence) are both defective in their design.
The action was filed in August of 2012 by Ana and Jose Martinez of Nevada.
Motley Rice filed the case, but Kila Baldwin and *New Add Here* Jim Waldenberger, both of Kline Specter, will be presenting the case in the Superior Court of Middlesex County, Massachusetts. Case No. 11-3750M.
Johnson & Johnson is represented by Butler Snow of Meridian, MS.
In December 22, 2010, Ms. Martinez was implanted with the meshes at Valley Hospital Medical Center in Las Vegas by Dr. Kord Strebel, MD.
Since then, she has suffered pain, chronic UTI’s, a return of prolapse and incontinence, mesh erosion, and dyspareunia (painful sex). The cost of her doctors, rehabilitation, therapy, clinic expenses as well as lost earnings and an impairment in her enjoyment of life is estimated to be at least $6 million.
Punitive damages should be added to that, according to her complaint here (Martinez Filed Complaint).
Product liability lawsuits of this nature have typically taken approximately three weeks to be heard.
Kline Specter of Philadelphia has two more cases lined up this summer – Perigo v Ethicon et al, July 30th in the Court of Common Pleas, Philadelphia and Sutphin v. Ethicon et al, August 14th, to be heard in the federal court in Charleston, West Virginia.
Four years ago, a jury in West Virginia delivered an $18.5 million verdict in favor of four women implanted with the Obtryx Midurethral Sling to treat incontinence. The mesh was found to be defectively designed.
In February of this year, Boston Scientific lost its latest effort to overturn that verdict.
At the same time in a Miami federal courtroom, four women implanted with the Pinnacle, were awarded collectively $26.7 million in November 13, 2014.
The Obtryx II remains on the market while the Pinnacle was removed in May 2011. The FDA issued an IMMEDIATE RECALL announcing a Class 2 recall for the Pinnacle Pelvic Floor Repair Kit because, “the device may exhibit low tensile strength between the needle and suture and lead to needle detachment during mesh leg placement.”
Dr. Dennis Miller, MD, who allegedly invented the Pinnacle and appeared on the stand via videotape, stood by this product and admitted he was a preceptor or consultant for Boston Scientific and had enjoyed receiving substantial payment from that relationship.
Pinnacle FDA Recall, May 10, 2011
MND, Appeals Court Upholds BSC $19 Mill Loss
MND, November 2014, $26.7 Million Awarded in Eghnayem Pinnacle case
MND, Sept. 2016, Plaintiff Wins New Trial in Overturned Boston Scientific Case
MND, Miller, the Father of Pinnacle, Nov. 2014