This case was last updated from U.S. District Courts on 12/17/2021 at 10:35:45 (UTC).

Bennett v. Boston Scientific Corporation

Case Summary

On October 18, 2021, Allison Bennett ("Plaintiff'), represented by Ben C. Martin, Laura J. Baughman, Rachel L. Wright, Raymond L. Niblock of Martin Baughman PLLC, filed a personal injury lawsuit against Boston Scientific Corporation (the "Defendant"). Plaintiff filed suit seeking compensatory damages and punitive damages along with cost of this action among other relief for the alleged negligent manufacture and selling of defective products by Defendant. This case was filed in the United States District Court in the Eastern District of Arkansas with Judge James M. Moody Jr. presiding.

 

In the complaint, Plaintiff alleged that, “At all times relevant herein, Defendant was engaged in the business of developing, designing, licensing, manufacturing, distributing, marketing, packaging, labeling, advertising delivering, selling and introducing into interstate commerce” and “Defendant marketed the Pelvic Mesh Products, including the Solyx pelvic mesh product, to the medical community and to patients as safe, effective, and reliable medical devices that can be implanted by safe, effective, and minimally invasive surgical techniques.”

 

Plaintiff further alleged that, “Defendant marketed and sold the Pelvic Mesh Products, including the Solyx pelvic mesh product, through carefully planned, multifaceted marketing campaigns and strategies. These campaigns and strategies included, but are not limited to, aggressive marketing and the provision of valuable cash and non-cash benefits to healthcare providers. Defendant also utilized documents, patient brochures, and websites, offering exaggerated and misleading expectations as to the safety and utility of this product” and “Contrary to the representations and marketing of Defendant, the Pelvic Mesh Products, including the Solyx pelvic mesh product, have high failure, injury, and complication rates, fail to perform as intended, require frequent and often debilitating revision surgeries, and have caused severe and irreversible injuries, conditions, and damage to a significant number of women, including Plaintiff.”

 

Plaintiff also alleged that, “Defendant suppressed this information and failed to accurately and completely disseminate or share this and other critical information with others, including Plaintiff. As a result, Defendant actively and intentionally misled and continues to mislead the public into believing that the Pelvic Mesh Products and the procedures for implantation were and are safe and effective” and “Plaintiff ALLISON BENNETT was surgically implanted with the Boston Scientific Solyx™ single-incision mid-urethral sling (the "Solyx" or the "pelvic mesh product"), a pelvic mesh product and medical device designed, manufactured, and marketed by Defendant” and “Although the Solyx was intended to treat stress urinary incontinence, neither Plaintiff nor her healthcare providers were warned that the Solyx was defective and negligently designed and marketed. As a result of being surgically implanted with Defendant's unreasonably dangerous defective Solyx pelvic mesh product, Plaintiff has suffered, and continues to suffer, debilitating injuries.”

 

There are three claims of relief laid down by Plaintiff. The first claim is for alleged negligence. The second claim is for alleged strict liability- defective design. The third claim is for the alleged strict liability- failure to warn. 

 

In the prayer for relief, Plaintiff requested the court for past and future general damages, the exact amount of which has yet to be ascertained, along with past and future economic and special damages. Plaintiff also requested the court for past and future medical and incidental expenses, damages for past and future loss of earnings, and impaired earning capacity. Plaintiff further requested the court for damages for past and future physical impairment and disfigurement along with punitive and exemplary damages. Plaintiff also requested the court for costs, attorneys' fees, interest, or any other relief, monetary or equitable, to which she is entitled, and any other relief the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00943

  • Filing Date:

    10/18/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

James M. Moody Jr.

 

Party Details

Plaintiff

Allison Bennett

Defendant

Boston Scientific Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Ben C. Martin

Attorney at Martin Baughman PLLC

3141 Hood Street, Suite 600

Dallas, TX 75219

Laura J. Baughman

Attorney at Martin Baughman, PLLC

3141 Hood Street, Suite 600

Dallas, TX 75219

Rachel L. Wright

Attorney at Martin Baughman, PLLC

3141 Hood Street, Suite 600

Dallas, TX 75219

Raymond L. Niblock

Attorney at Niblock Law Firm Plc

324 N College Ave

Fayetteville, AR 72702-0818

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) WAIVER OF SERVICE Returned Executed as to Boston Scientific Corporation by Allison Bennett. (Niblock, Raymond) (Entered: 11/22/2021)

 

Docket Entries

  • 11/22/2021
  • View Court Documents
  • Docket(#2) WAIVER OF SERVICE Returned Executed as to Boston Scientific Corporation by Allison Bennett. (Niblock, Raymond) (Entered: 11/22/2021)

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  • 10/18/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with Jury Demand against Boston Scientific Corporation filed by Allison Bennett. (Filing Fee of $402 paid. Receipt Number LIT084149.) Summons issued and returned to counsel for service. (Attachment: #1 Civil Cover Sheet) (llg) (Entered: 10/19/2021)

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