Boston Scientific Denied Summary Judgment on Warning, Negligence Claims in 3 TVM Actions

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp.’s motion for summary judgment on claims of failure to warn, negligence and breach of warranty in three Obtryx transvaginal mesh actions, finding questions of fact exist as to these claims.

In the Oct. 17 orders, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia found the plaintiffs have established issues of fact as to the safety and effectiveness of BSC’s Obtryx Transobturator Mid-Urethral Sling System.

Plaintiffs Jacquelyn Tyree, Carol Sue Campbell and Chris Wilson allege that after being implanted …