New Trial Ordered in Mass. Boston Scientific Pinnacle Transvaginal Mesh Action

BOSTON — A Massachusetts appellate court has ordered a new trial in a Boston Scientific Pinnacle transvaginal mesh action, ruling that the trial court erred in excluding “key evidence,” namely, a material safety data sheet caution and FDA letters regarding the device’s approval.

In a Sept. 13 opinion, the Massachusetts Appeals Court held that in barring the evidence, the trial court aided BSC’s defense and handicapped the plaintiff’s case because the evidence “added necessary context to the § 510(k) clearance" of the device.

Ohio resident Diane Albright sued Massachusetts-based Boston Scientific Corp. in the Suffolk County Superior Court, seeking damages …