For Immediate Release
March 23, 2021
Concord, NH – Deputy Attorney General Jane E. Young announces 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 to resolve allegations that it deceptively marketed transvaginal surgical mesh devices to patients. New Hampshire's share of the settlement is $1,368,328.
Surgical mesh is a synthetic woven fabric that is implanted in the pelvic floor through the vagina 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 alleges 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. Under the terms of the settlement, Boston is required to undergo comprehensive marketing, training, and clinical trial reforms.
The Consumer Protection and Antitrust Bureau is funded entirely through the consumer protection escrow account and the settlement funds received through lawsuits brought by the State for the protection of New Hampshire consumers. The Bureau's work includes consumer protection and antitrust enforcement, namely investigating and litigating consumer fraud and unfair or deceptive marketing practices as well as ongoing education and outreach for New Hampshire consumers.
RSA 7:6-f, requires that "Any funds received by the attorney general on behalf of the state or its citizens as a result of any civil judgment or settlement of a claim, suit, petition, or other action under RSA 358-A or related consumer protection statutes shall be deposited in a consumer protection escrow account. The consumer protection escrow account shall at no time exceed $5 million, with any amount in excess of $5 million deposited into the general fund."
New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301