Texas Federal Boston Scientific Pelvic Mesh Case Dismissed Without Prejudice

HOUSTON — A Texas federal judge has dismissed a Boston Scientific pelvic mesh case without prejudice, ruling that the strict liability, breach of warranty and fraud claims were not pled with the requisite specificity to overcome the learned intermediary doctrine and Rule 9(b).

However, in the Oct. 16 order, Judge Sim Lake of the U.S. District Court for the Southern District of Texas further held that the plaintiff may amend her claims because the deficiencies “are not clearly incurable.”

Janet Fearrington was implanted with BSC’s Obtryx Transobturator Mid-Urethral Sling System and Polyform Synthetic Mesh in 2006 to treat her pelvic …