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Free & Goss Attorneys

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Dallas, TX – Late on September 8, 2014 a 12-person jury awarded Martha Salazar and her husband a total of $73.4 million for injuries suffered from a plastic mesh sling for stress urinary incontinence.

Judge Ken Molberg presided over Salazar vs. Lopez (and Boston Scientific, Corp. et. al.) in the two-week trial in Texas’ 95th Judicial District Court. Plaintiffs’ attorneys Tim Goss, David Matthews, Richard Capshaw, Sheila Bossier, and Kevin Edwards showed evidence that Martha Salazar was a 38 year old working mother of two children on the day she was implanted with the plastic mesh which destroyed her health and quality of life. Boston Scientific’s Obtryx mesh left her with nerve damage, permanent pain, and it triggered 42 additional procedures to treat mesh injuries including several attempts at mesh removal.

Over a seven-year period, Boston Scientific failed to warn doctors and women of the Obtryx sling’s serious complications, though Boston Scientific was well aware of them, according to Tim Goss. Ms. Salazar’s attorneys also charged that Boston Scientific withheld from doctors – including Ms. Salazar’s implanting surgeon, Dr. Lopez – a clinical study that showed serious complications. Despite the study being funded by Boston Scientific, the authors ultimately concluded that long-term data on the Obtryx was needed, and that predecessor devices should be used instead. Internal e-mails from Boston Scientific’s marketing department further instructed sales representatives not to share the study with their physician-customers.

The Salazars were awarded a total of $23,465,000 in actual damages and $50 million in punitive damages. The jury deliberated less than four hours.

Multiple media outlets have covered the case and verdict, including:
The National Law Journal
Reuters
Bloomberg
Dallas Business Journal
Dallas Observer
Houston Chronicle