Boston Scientific Denied Summary Judgment on Punitive Damages Claims in Pinnacle Transvaginal Mesh Cases

CHARLESTON, W. Va. — Applying the “significant-relationship” test, a West Virginia federal judge found that Florida law applies to a transvaginal mesh case because the plaintiffs were implanted with Boston Scientific Corp.’s products in Florida and were allegedly injured in that state.

In an Oct. 21 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia then denied BSC’s motion for summary judgment on the punitive damages claims, ruling that the manufacturer failed to show that no issue of material fact exists concerning the issue.

The plaintiffs, all Florida residents, filed their complaints …