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Boston Scientific

Boston Scientific, a medical manufacturer based out of Massachusetts, provides various products for cardiovascular and urological needs. It began in 1979 by John Abele and Pete Nicholas. Today, the company refers to itself as “the leading innovator of medical solutions.” However, it faces great financial and legal troubles. In 2005, profits plummeted after the company acquired Guidant, a mainstream heart defibrillator manufacturer. Boston Scientific faces even more courtroom battles, mostly against its transvaginal mesh devices.

Recalls Against Boston Scientific

Boston Scientific has had to endure a number of recalls on its products. In 2010, the manufacturer recalled several models of its implantable heart defibrillators after failure to notify the FDA of design changes. This recall was made one month after the Department of Justice filed criminal charges against Guidant LLC, a subsidiary of Boston Scientific, for hiding information about two of its products. Guidant faced other recall problems as well. The biggest concerns came from its bradycardia pacemakers. These devices contained faulty capacitors that had the potential to fail.

One year later, the company recalled its iCross catheters. Numerous reports claimed the catheter tips detached and caused serious injuries and death. These devices were used during intravascular ultrasounds. A similar recall involved its Expel biliary drainage catheters. Patients suffered from device fragmentation, which led to great pain and suffering. The FDA explained intervention was needed to remove pieces that broke off.

The same year, Boston Scientific recalled its Innova stents, which were used in leg arteries. The FDA received complaints of no deployment or partial deployment that resulted in vessel wall injuries or emergency surgery to remove the stents. Innova is a self-expanding stent made to treat lesions in arteries above the knee.

Some of the most serious recalls against Boston Scientific concerned its transvaginal mesh devices. In 2012, the FDA issued post-market surveillance study orders to all manufacturers of urogynecologic surgical mesh products. Following this action, many companies withdrew devices from the market. Boston Scientific’s ProtoGen was the first transvaginal mesh offered to the public and the first to be recalled. It was pulled voluntarily in 1999. In 2011, there was another Class II recall of its Pinnacle Pelvis Floor Repair Kits. The needles in these kits were found to detach from the mesh during placement. However, this was unrelated to the reported side effects of transvaginal mesh devices.

Lawsuits Facing Boston Scientific

Since 2005, many lawsuits faced Boston Scientific. After its $27 billion acquisition of Guidant, the company experienced numerous problems. A series of Guidant’s heart devices faced scrutiny over faulty construction. This prompted the Department of Justice to file a lawsuit that alleged the company knowingly sold defective defibrillators to Medicare patients between 2002 and 2005. The devices were used to correct irregular heartbeats but often short circuited. Due to its negligent actions, many patients were forced to undergo further surgeries to have the devices replaced.

After problems with its Innova stents, effected patients experienced pain and suffering and underwent extended surgical procedures. Certain results were fatal. Since these complications were quite severe, many innocent victims are filing lawsuits to receive compensation for their injuries.

Boston Scientific is one of six major medical manufacturing companies facing lawsuits from women who were injured by surgical mesh implants. Some of the most serious complaints include organ perforation, nerve damage, and mesh erosion. In March 2014, the first of 6,400 lawsuits went to trial. The initial four trials were used as bellwether cases to set the stage for future litigation.

Verdicts Against Boston Scientific

Boston Scientific has been forced to pay very high sums of money to settle numerous lawsuits. For example, in 2007, the company agreed to a $241 million settlement for nearly 9,000 lawsuits to patients injured from Guidant’s defective defibrillators. The payout exceeded the $195 million the manufacturer previously agreed to hand over to settle 4,000 personal injury claims. In response to allegations of Medicare fraud and negligent behavior, Boston Scientific paid an additional $30 million to settle the case. This placed a very dark shadow on the company’s reputation.

Recently, the manufacturer was hit with a jury decision that ordered the company to pay $73.5 million in damages to an innocent victim suffering complications from its transvaginal mesh products. This case is among thousands of suits pending over the side effects and injuries caused by the incontinence devices. In this particular instance, a woman claimed she suffered nerve damage, constant pain, and chronic infections from the implant. This is sure to be a long and expensive battle for Boston Scientific and other manufacturers of transvaginal mesh devices.

Besides personal injury lawsuits, Boston Scientific has battled a patent fight with OrbusNeich, a device maker that creates similar products. In September 2013, it agreed to make a one-time payment to settle the long dispute between the two companies. Under the terms, Boston Scientific paid an undisclosed amount of money to the rival manufacturer to end all stent-related suits. This concluded a year-long multinational fight that alleged the Massachusetts company violated its stent patents. This payoff comes three years after a different patent infringement battle with Johnson & Johnson.

FDA Sanctions Facing Boston Scientific

Boston Scientific enjoyed numerous successes and high profits until its Guidant purchase. After that time, the manufacturer suffered many headaches. Back in 2006, the FDA hit the company with numerous sanctions concerning quality problems at its factory. Due to the high number of faulty defibrillators brought to market, the FDA enforced a decision to stop allowing the company to export or pre-market products until further inspections were made.

In July 2011, the FDA updated an earlier warning regarding transvaginal mesh products. It cited the possible complications patients face when using the devices. Also, the federal agency warned the public these types of products pose the greatest risks to women with POP.

Following sluggish sales and massive settlement payouts, Boston Scientific is trying to restructure its business and reverse its negative reputation in the industry. It appears the company must pay more attention to customer safety by placing quality assurance over profits.

Contact an Experienced Personal Injury Lawyer

After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.

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