Boston Scientific Denied Summary Judgment on Design Defect Claim in Obtryx Transvaginal Mesh Case

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp. summary judgment on a design defect claim in an Obtryx transvaginal mesh case, ruling that the plaintiff has established a question of fact as to whether the device is defective because it uses too much polypropylene mesh.

However, in the Feb. 27 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia awarded the device maker summary judgment on the plaintiff’s failure-to-warn claim, finding the plaintiff failed to present evidence that any inadequate warnings or instructions caused her injuries.