STORY FROM: Drugs & Medical Devices

Calif. Federal Court Allows Warning Claims to Proceed in Pelvic Mesh Case

SACRAMENTO, Calif. — Claims of failure to warn asserted against Boston Scientific Corp. in a lawsuit targeting its Obtryx Sling pelvic mesh device may proceed because the plaintiffs adequately alleged that the company failed to provide their doctor with adequate warnings, a California federal court has ruled.

However, in a July 18 order, the U.S. District Court for the Eastern District of California dismissed the manufacturing defect, design defect, breach of warranty and fraud-based claims, ruling that they are inadequately pled. The court allowed the plaintiffs to amend those claims, however.

To treat her stress urinary incontinence, Autumn Zetz was ...

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