Tanenbaum Keale LLP partner James H. Keale was mentioned in a Law360 article about Boston Scientific Corporation winning its third pelvic mesh verdict in Massachusetts.
In a 15-day trial, Keale and Susan M. Donnelly Murphy, of Murphy & Riley P.C., led the defense of Boston Scientific against the plaintiff’s claims of Negligence and Strict Liability for Defective Design and Failure to Warn involving the implantation of the Pinnacle Pelvic Floor Repair Kit and the Obtryx Sling System-Halo. The jury found that:
- Boston Scientific wasn’t negligent in its design of the Pinnacle Pelvic Floor Repair Kit and the Obtryx Sling System-Halo;
- Boston Scientific wasn’t negligent in its warnings with respect to Pinnacle Pelvic Floor Repair Kit and the Obtryx Sling System-Halo;
- The Pinnacle Pelvic Floor Repair Kit and the Obtryx Sling System-Halo wasn’t defectively designed; and
- Boston Scientific didn’t fail to give adequate warnings with respect to the Pinnacle Pelvic Floor Repair Kit and the Obtryx Sling System-Halo to the plaintiff’s doctor.
The devices at issue were implanted during a surgery on the plaintiff performed by her physician on Dec. 22, 2010, to treat medical conditions known as Pelvic Organ Prolapse and Stress Urinary Incontinence. The plaintiff claimed that Boston Scientific was strictly liable and negligent in the design of the Pinnacle and Obtryx, and that the company failed to adequately warn of potential risks and complications it knew to be associated with the devices.
Plaintiff was represented by Kline & Specter, P.C.