Consolidated Trials Drawing Fire From Defense as Unfair
In a trial involving four women suing over an allegedly defective transvaginal mesh device, a Miami jury was faced with an assortment of claims. Some of the women felt like they had a ball between their legs. Some had pain during sex, while others didn't. They all went to different doctors, at different times, for different surgeries. But the jury's verdict showed little difference. Each woman got more than $6.5 million.
July 25, 2017 at 06:53 PM
24 minute read
In a trial involving four women suing over an allegedly defective transvaginal mesh device, a Miami jury was faced with an assortment of claims. Some of the women felt like they had a ball between their legs. Some had pain during sex, while others didn't. They all went to different doctors, at different times, for different surgeries.
But the jury's verdict showed little difference. Each woman got more than $6.5 million.
The identical awards are proof that jurors were confused when dealing with a trial that consolidated the claims of so many women, wrote a lawyer for Boston Scientific Corp., in his appeal of the verdict — a total of $26.7 million — to the U.S. Court of Appeals for the Eleventh Circuit. Defendants, he wrote, don't get a fair shake when it comes to so-called consolidated trials. It's the same argument he made this year in a separate appeal Boston Scientific has made before the Fourth Circuit over an $18.5 million mesh verdict that involved four women.
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