Learned Intermediary Doctrine Defeats Warning Claim in Pinnacle Transvaginal Mesh Case, W.Va. Judge Rules

CHARLESTON, W.Va. — The learned intermediary doctrine defeats a negligent failure-to-warn claim asserted against Boston Scientific Corp. in a Pinnacle transvaginal mesh case because the implanting surgeon testified that he did not rely on the device’s Directions For Use, a West Virginia federal judge has ruled.

On May 7, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia also awarded BSC summary judgment on the claims of negligent manufacture and breach of implied warranty of fitness for a particular purpose. However, the judge allowed the claims of negligent design, breach of implied warranty …