Boston Scientific Denied Summary Judgment on Warning, Negligence Claims in TVM Action

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp.’s motion for summary judgment on claims of failure to warn, negligence and breach of warranty in a transvaginal mesh action, finding questions of fact exist as to these claims.

In an Oct. 17 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia found the plaintiff has established issues of fact as to the safety and effectiveness of BSC’s Obtryx Transobturator Mid-Urethral Sling System.

Jeanie Blankenship claims that after being implanted with the Obtryx device, she experienced "erosion, mesh …