Boston Scientific Prevails on Appeal on Warning Claim in Transvaginal Mesh Case

BALTIMORE — A federal appellate court has upheld an award of summary judgment to Boston Scientific Corp. on a failure to warn claim in a transvaginal mesh action, finding the plaintiff failed to provide evidence that her implanting physician was inadequately warned of the risks.

In a May 9 opinion, the 4th Circuit U.S. Court of Appeals explained that the plaintiff failed to establish that either she or her implanting physician actually read the alleged inadequate warning in the device’s Directions For Use (DFU).

Martha Carlson was implanted with a BSC Uphold Vaginal Support System to treat her pelvic organ …