He said the recent verdict would have little impact on the other cases because the facts and injuries are different from one another. In that case, the plaintiff, Lisa Ann Seeno, suffered from infection and erosion of her pelvic organs after having the OBTape surgically implanted in November 2004. She also needed additional surgeries for her injuries. Seeno v. Mentor Corp., No. RG06264787 (Alameda Co., Calif., Sup. Ct.).

She sued in 2006, alleging that Mentor was negligent in designing the product and failed to warn about the risks associated with the ObTape. On Dec. 15, the jury found for Mentor on both counts, concluding that doctors knew of the risks associated with OBTape.


"We think it's very telling that a jury can understand the safety and efficacy of the product," said Ed Sebold, a partner in Houston office of Jones Day, who represents Mentor. "While it doesn't necessarily stop any future cases, we think it's an important point and shows these particular concepts can be heard by folks that hear all the data."

Seeno's lawyer, Khaldoun Baghdadi, a partner at San Francisco's Walkup, Melodia, Kelly & Schoenberger, said a "severe evidentiary ruling" affected the jury's decision, which he planned to appeal. "As such, a majority of the unfortunate facts surrounding OBTape and its withdrawal from the market have yet to be presented to a jury," he said.

Back to HCB News

More Industry Headlines