Boston Scientific Denied Motion to Bar Transvaginal Mesh Lawsuit Claims From Federal Litigation
Boston Scientific Corp. has been denied summary judgment in a transvaginal mesh lawsuit by a federal judge who ruled that a connection between the Plaintiff’s injuries and her pelvic mesh implant may have been undeterminable within California’s two-year statute of limitations.
According to the Jan. 17 ruling in the U.S. District Court, Southern District of West Virginia, the judge found that the Plaintiff was never informed by her surgeon that the vaginal discharge, itching, and abdominal cramping and other injuries she sustained may have been caused by her transvaginal mesh device, leaving her to surmise that she could have been experiencing pain because her body simply ‘didn’t like’ the mesh. According to the suit, which was filed two years after the Plaintiff originally received the Pinnacle Pelvic Floor Repair Kit and an Advantage Transvaginal Mid-Urethral Sling System in January 2010, she has since undergone four revision surgeries to remove the device. Even after that procedure, the woman’s vaginal mesh lawsuit indicates that her condition did not improve, and that she continued to experience discomfort during sexual intercourse, as well as abnormal vaginal bleeding and pink-tinged discharge.
Boston Scientific Moves to Bar Transvaginal Mesh Lawsuit Claims
Following the 2012 court filing, Boston Scientific Corp. moved to bar all claims included in this case because they were not filed within California’s two-year statute of limitations for personal injury actions. The company further argued that the Plaintiff could have consulted her doctor, her medical records, or reviewed the U.S. Food and Drug Administration (FDA)’s 2008 notice about transvaginal mesh complications to conclude that a possible connection between her alleged injuries and the device she was implanted with.
Claims filed in this suit bear similarity to those included in thousands of other federal lawsuits involving Boston Scientific pelvic mesh products. In the Southern District of West Virginia, an update from the U.S. Judicial Panel on Multidistrict Litigation (JPML) showed that 7,377 cases had been filed in the federal proceeding as of January 15, 2014. According to transvaginal mesh lawsuits against Boston Scientific Corp., the company failed to adequately warn women and their doctors about the potential for its mesh to erode, and cause pain, vaginal scarring, infection and other life-altering injuries.
Considering a Vaginal Mesh Lawsuit? Call Our Firm.
The attorneys at Bernstein Liebhard LLP are actively filing transvaginal mesh lawsuits. Call us today at (877) 779-1414.