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Transvaginal Mesh Injury Verdict Appeal Denied

By George Khoury, Esq. on October 23, 2017 | Last updated on March 21, 2019

The Eleventh Circuit Court of Appeals has denied the appeal of Boston Scientific from the $27 million verdict rendered against them in 2014. The verdict stemmed from four consolidated cases as a result of transvaginal mesh implants gone wrong.

While Boston Scientific appealed all four cases initially, it dismissed three of the appeals. Only plaintiff Amal Eghnayem's case, where she was awarded nearly $7 million by the jury, was up on appeal.

Facts of the Verdict

While a $7 million dollar injury verdict may sound excessive, it is indeed a rather sensitive injury. Basically, the plaintiff had complications after a surgery to repair a prolapsed pelvic organ where the Boston Scientific transvaginal mesh implant was used. After finally getting the mesh repaired properly, years later, the plaintiff was left with a significant loss of sensitivity where it was implanted, which, as you can imagine, is a really big deal.

Consolidating Proof

Boston Scientific based the appeal on a few issues. Mainly, it claimed that the cases were consolidated in error. However, it also asserted that Eghnayem failed to present sufficient evidence of a design defect, particularly related to the failure to warn.

In denying Boston Scientific's appeal, the court explained that there was no error or abuse of discretion on the district court's part, that the cases were properly consolidated, and that the evidence presented was in fact sufficient. The appellate court detailed the discretionary rationale of the district court, showing that there was no abuse.

Lastly, the appellants last ditch argument of Eghnayem's claim being barred by the statute of limitations was, not surprisingly, as unconvincing to the appellate court as it was to the district court.

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