N.C. Judge Upholds Award of Summary Judgment to Boston Scientific on Failure-To-Warn Claim in Transvaginal Mesh Case

ASHVILLE, N.C. — A North Carolina federal judge has refused to reconsider an award of summary judgment to Boston Scientific Corp. in an Obtryx transvaginal mesh case, agreeing with the MDL court that the learned intermediary doctrine defeats the plaintiff’s failure-to-warn claim.

On June 4, Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina explained that the MDL court properly relied on the implanting surgeon’s admission that he did not read the device’s directions for use.

North Carolina resident Bertie Frankum was surgically implanted with the Obtryx Transobturator Mid-Urethral Sling System on …