Boston Scientific Denied Summary Judgment on Punitive Damages Claim in Bellwether Pelvic Mesh Case

CHARLOTTE, W. Va. — The judge overseeing the Boston Scientific transvaginal mesh multidistrict litigation has denied the manufacturer summary judgment on a claim for punitive damages in a bellwether case, ruling that the plaintiffs have adequately alleged malice or oppression as required by California law.

In the Aug. 18 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia also denied Boston Scientific summary judgment on its preemption defense, finding plaintiffs’ claims are neither expressly nor impliedly preempted.

In addition, the judge denied the manufacturer summary judgment on causation in relation to …