The most intriguing detail of Lori Cohen's $28 million trial win for Boston Scientific this February wasn't that eye-popping figure; it was a piece of surprise evidence that helped put the trial in her win column and helped make the Greenberg Traurig rainmaker one of Law360's 2016 Trials MVPs.
Yes, the amount at stake — that figure was the amount sought in compensatory damages alone — was quite a lot for one single plaintiff in one pelvic-mesh trial. And Cohen described the win as a big deal for her, even among other marquee work for Archer Daniels Midland and Medtronic over the past 12 months.
But what really left an impression on Cohen was a January on-the-stand revelation of the kind she says trial litigators rarely see anymore.
The trial centered on Boston Scientific's Solyx device and Bard's Align device. Patient Eve Sherrer said they caused a slew of maladies, including pain, difficulty walking and a "nonfunctional vagina." The defendants blamed doctor error, past surgeries and medical problems for Sherrer's conditions; the implants are safe and still on the market today, they said.
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