Attorney General Lynn Fitch, on Tuesday, March 23, announced a $188.6 million multistate settlement with Boston Scientific Corporation (Boston) to resolve allegations of deceptive marketing of its surgical mesh products for women. Mississippi will receive $2,191,090.
“Women and their doctors deserve to have all the information needed to make informed decisions for their health,” said Attorney General Lynn Fitch. “By failing to disclose critical safety warnings about their devices, Boston Scientific subjected thousands of women to serious and often irreversible complications. This settlement makes clear that we will not allow the health and safety of Mississippi women to be placed in jeopardy by those who put profit over patients.”
Surgical mesh is a synthetic woven fabric that is implanted in the pelvic floor to treat common health conditions in women, such as stress urinary incontinence and pelvic organ prolapse.
These are common conditions faced by women due to a weakening in their pelvic floor muscles caused by childbirth, age, or other factors. Although use of surgical mesh involves the risk of serious complications and is not proven to be any more effective than traditional tissue repair, millions of women were implanted with the devices and thousands of women are alleged to have suffered serious complications resulting from these devices.
The complaint alleged that Boston misrepresented the safety of these products by failing to disclose the full range of potential serious and irreversible complications caused by mesh, including chronic pain, voiding dysfunction, and new onset of incontinence.
The settlement provides comprehensive injunctive relief. For certain marketing materials, Boston is required to describe complications in understandable terms and disclose significant complications, including the inherent risks of mesh. Boston is also to refrain from making certain misleading representations, such as that the inherent risk of mesh are common to any pelvic floor or other surgery not involving mesh. Boston is also to inform healthcare providers of significant complications when providing training regarding procedures for insertion and implantation.
Joining Mississippi in this multistate settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.
Mississippi Attorney General’s Office news release