September 16th, 2014|
Medical device manufacturers have a responsibility to ensure the safety of the products they bring to the market. Failure to do so can result in costly legal action—including one Texas transvaginal mesh lawsuit that resulted in a $73 million award for the victim.
Court documents indicate the 42-year-old victim had transvaginal mesh implanted into her body four years ago to help relieve a urinary leak. But the device failed and led to the woman suffering permanent nerve damage and almost constant pain.
She filed a lawsuit claiming Boston Scientific, the company that created and distributed the Obtryx sling, had wrongfully marketed a faulty product. A jury agreed and awarded the victim $23 million in compensatory damages to cover pain and suffering and her medical and legal bills. Reuters explains the jury then awarded another $50 million in punitive damages.
This was the first of roughly 23,000 lawsuits against Boston Scientific related to their transvaginal mesh devices. Other trials are scheduled to begin in October.
At Ferrer, Poirot & Wansbrough, our team of defective medical device attorneys are aware of how difficult it can be to overcome the harm caused by a faulty medical device. That’s why we’re hopeful the decision reached in this case will bring a sense of closure to the victim.
October 8th, 2013|
October 8, 2013
With the advancements in technology that continue to pop up through smartphone and tablet applications, it comes as no surprise the uses for these products have spread into the medical field. Now, a smartphone can be used to screen blood sugar levels or to do home sonograms and estimates show a 25 percent growth in the market occurring in the near future. However, the Defective Medical Device Attorneys with the law firm of Ferrer, Poirot & Wansbrough point out that many officials felt a lack of guidelines regulating these products may have been putting patients’ health at risk.
This belief prompted the U.S. Food and Drug Administration to develop a set of rules governing how these products should be tested and marketed to consumers. The agency states that any app that is used as an accessory to a regulated medical device or any app that turns a mobile platform into a regulated medical device will fall under the category of technology the FDA will oversee. Any device that is used as a personal medical record keeper will not be regulated by the agency. So far, the FDA has cleared more than 100 mobile medical apps as safe and acceptable for use.
The law firm’s team of Product Liability Lawyers applauds the efforts being made to improve patient safety and is hopeful the new regulations are successful in achieving this goal.