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AG Slatery Announces $188.6 Million Multistate Settlement with Medical Device Manufacturer

Boston Scientific misrepresented the safety of its surgical mesh products
Tuesday, March 23, 2021 | 01:09pm

Nashville- Attorney General Herbert H. Slatery III today announced a multistate settlement with Boston Scientific Corporation (Boston) to resolve allegations of deceptive marketing of its surgical mesh products for women. The settlement requires Boston to pay $188.6 million to 47 states and the District of Columbia. Tennessee’s share of the settlement is $4,900,958.

“There are serious risks associated with these devices,” said General Slatery. “This Office will continue to enforce consumer protection laws that require companies like Boston to communicate clearly and truthfully about the safety of their products.”

Surgical mesh is a synthetic woven fabric implanted to treat health conditions such as stress urinary incontinence and pelvic organ prolapse in women. These are common conditions 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, thousands of women are alleged to have suffered serious complications resulting from these devices.

The complaint alleges Boston misrepresented the safety of these products by failing to disclose the potential for serious and irreversible complications caused by mesh, including chronic pain, voiding dysfunction, and new onset of incontinence.

The settlement, which is pending approval, provides comprehensive injunctive relief. Under the terms of the settlement, Boston is required to reform its marketing materials, training for healthcare providers, and clinical trials.

The investigation that resulted in today’s settlement was led by California and Washington along with Florida, Indiana, Maryland, Ohio, South Carolina, and Texas. Joining this multistate settlement are Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, Wisconsin, and the District of Columbia.

To read the complaint and consent judgment click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2021/pr21-12-complaint-judgment.pdf

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#21-12:  AG Slatery Announces $188.6 Million Multistate Settlement with Medical Device Manufacturer