W. Va. Federal Judge Denies Boston Scientific Summary Judgment in Uphold Device Action

CHARLESTON, W. Va. — A question of fact exists as to whether a couple’s claims against Boston Scientific Corp. in connection with its Uphold Vaginal Support System are time-barred under Arkansas law, a West Virginia federal judge has ruled in denying the manufacturer’s motion for summary judgment.

On March 25, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia explained that it is unclear at this stage whether the plaintiffs should have discovered a causal connection between the transvaginal mesh device and their injuries before the limitations period expired.

Barbara Vincent was surgically …