Ohio Federal Judge Refuses to Dismiss Design Defect, Failure-To-Warn Claims in Pelvic Mesh Case

TOLEDO, Ohio — An Ohio federal judge has allowed plaintiffs in a pelvic mesh device case to proceed with claims of negligence, defective manufacture and design, marketing defect, failure to warn and strict product liability against Boston Scientific Corp. (NYSE: BSX)

On March 27, Senior Judge James G. Carr of the U.S. District Court for the Northern District of Ohio ruled that the claims are not time barred and are adequately pleaded. However, the judge dismissed the claims for breach of warranty, fraud and violation of the Ohio Consumer Sales Practices Act, finding plaintiffs failed to allege reliance on any …