Fourth Circuit Upholds $18.5 M Verdict to $4 Women Suing For Defective Pelvic Mesh
On February 6, 2018, Boston Scientific lost its appeal to the Fourth Circuit in an attempt to over turn a favorable jury verdict which awarded $14.5 million to 4 women who were injured by a defectively designed pelvic mesh. The jury awarded each of the 4 women punitive damages in the aggregate amount of $4 million. Boston Scientific argued it was unfair to consolidate 4 separate claimants, that the trial Judge wrongly excluded evidence of the FDA's approval of the product and that plaintiff's failed to prove specific design flaws. The federal appeals Court--one level below the U.S. Supreme Court rejected all these arguments.
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