Design, Warranty Claims May Proceed Against Boston Scientific in Obtryx Transvaginal Mesh Case, MDL Judge Rules

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp. summary judgment on claims of negligent design and breach of implied warranty in an Obtryx transvaginal mesh case, finding a question of fact as to whether the device was negligently designed.

However, in the April 29 order, Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia awarded BSC summary judgment on the failure-to-warn claim, finding it is defeated by the learned intermediary doctrine. In addition, the judge awarded BSC summary judgment on the breach of express warranty claim, finding no …