Already facing thousands of lawsuits from women who allege that a vaginal mesh has caused them urinary incontinence, pelvic organ, prolapse, sexual dysfunction, and disfigurement, the manufacturer of the controversial vaginal mesh, Boston Scientific, is facing a lawsuit alleging racketeering.
In her lawsuit, Frances Peel Hennington, complained not only of the stress urinary incontinence she now suffers, but she also claims Boston Scientific’s corporate practices amount to racketeering.
The lawsuit alleges that Boston Scientific began running out of Marlex, a plastic that is used in the manufacturing of the vaginal mesh device, and decided to smuggle counterfeit Marlex from China. Its supplier, Philips Petroleum Company decided to stop supplying Marlex to Boston Scientific because Philips found it to be incompatible with human tissue.
If Hennington succeeds at trial, her damages would be tripled under the Racketeer Influenced and Corrupt Organizations Act. Her lawsuit charges 13 counts, including violations of federal anti-racketeering law, strict liability, negligence, fraud, unjust enrichment and breach of warranty.
Boston Scientific has denied the allegations.
But by 2005, Phillips allegedly decided to stop supplying Marlex to Boston Scientific because it’s not compatible with human tissue. By 2011, Boston was running out of Marlex and projected it would have none by the fall of 2012. At stake, according to the complaint, was the $120 million worth of pelvic mesh products Boston Scientific sold each year.
These allegations serve to further tarnish the reputation and credibility of a company already suffering from a lack of public trust. However, when a company puts profits over the interests of the public, they should be held accountable in the court of justice and the court of public opinion.
Consumer Justice Lawyer, Joseph Saunders, has a proven track record of suits against faulty medical device manufacturers. If you or a loved one has been affected by a vaginal mesh product or another detrimental device, reach out today for a free consultation.