STORY FROM: Drugs & Medical Devices

Texas Judge Allows Plaintiff to Amend Claims in Boston Scientific Pelvic Mesh Case

HOUSTON — A Texas federal judge has allowed a plaintiff to amend her complaint in an action targeting Boston Scientific Corp.’s transvaginal mesh device, finding the original pleading does not sufficiently allege causation or how the manufacturer deviated from the FDA-approved manufacturing process.

In a July 9 order, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas further ruled that the plaintiff does not adequately address the learned intermediary doctrine, and the fraud claims are not pled with the particularity required by Rule 9(b).

Gayle Miles was implanted with Boston Scientific’s pelvic mesh ...

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Faegre Drinker Biddle & Reath
Lieff Cabraser Heimann & Bernstein

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