Boston Scientific Denied Summary Judgment on Warning, Punitive Damages Claims in Advantage Transvaginal Mesh Action

CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Corp. summary judgment on design defect, warning and warranty claims in an Advantage transvaginal mesh case, ruling that questions of fact exist as to whether the implanting surgeon was provided with adequate warnings.

In the April 29 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia further ruled that there are issues of fact as to whether BSC acted unreasonably in designing the device and whether it made an express warranty.

And in a separate order issued April 17, …