Punitives Claim to Proceed Against Boston Scientific in Advantage Fit Transvaginal Mesh Case

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp. summary judgment on a punitive damages claim in an Advantage Fit transvaginal mesh case, ruling that the plaintiff has sufficiently alleged that the manufacturer acted with “reckless indifference.”

In an April 13 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia noted the plaintiff has presented evidence that BSC knew the device’s polypropylene mesh should not be used in the human body, yet ignored such warnings.

Sharon Kay Pelkey was surgically implanted with the Advantage Fit System …