N.C. Federal Judge Refuses to Reinstate Failure-To-Warn Claim in Uphold Transvaginal Mesh Case

STATESVILLE, N.C. — A North Carolina federal judge refused to reinstate a failure-to-warn claim in an action involving Boston Scientific Corp.’s Uphold transvaginal mesh device, agreeing with the MDL court that it is barred by the learned intermediary doctrine.

In a Sept. 30 order, Judge Richard Voorhees of the U.S. District Court for the Western District of North Carolina noted that although the plaintiff’s implanting physician testified that he was aware of the device’s risks, he also stated that it was a safe and effective option for treating the plaintiff’s pelvic organ prolapse.

Martha Carlson sued BSC in connection with …