W. Va. Judge Issues Daubert Rulings in Bellwether Mesh Case; Allows Opinions As to Polypropylene Devices

CHARLESTON, W. Va. — A West Virginia federal judge has made several Daubert rulings in a bellwether transvaginal mesh case, granting in part Boston Scientific Corp.’s motion to exclude the expert testimony of certain plaintiff experts for lack of reliable methodology and scientific basis.

On Sept. 29, Judge Joseph R. Goodwin also granted the plaintiffs’ motion to exclude the testimony one of BSC’s expert witnesses regarding the company’s regulatory activities, finding it has the potential to mislead and confuse the jury.

The judge also ruled that plaintiffs’ experts may opine at trial that polypropylene mid-urethral slings such as the BSC …