Texas Judge Halves Jury Verdict Payment for Boston Scientific

According to a Bloomberg news report, Boston Scientific Corp.’s $73 million jury verdict was slashed in half by a Texas judge after a third trial, citing a state cap on punitive punishments. The Natick, Mass.-based company had been ordered to pay out following one of thousands of lawsuits in which women claimed its vaginal mesh implants erode within the body.

Judge Ken Molberg in state court in Dallas yesterday cut the award to about $34 million in the case of a woman who said a defectively designed incontinence sling left her in constant pain. The jury last month awarded Martha Salazar about $23 million in compensatory damages and $50 million in punitive damages. The latter figure was reduced to $11.2 million.

The jury reached a verdict the day it began deliberations, finding Boston Scientific’s device had a design fault and company officials failed to properly warn patients and doctors about the implant’s health risks.

Texas law caps punitive damages, meant to punish a defendant, to an amount equal to $750,000 in noneconomic damages plus twice economic damages.