Design Defect, Warning Claims Survive Summary Judgment Motion in Lynx Transvaginal Mesh Case

CHARLESTON, W. Va. — A West Virginia federal judge has allowed claims of design defect to proceed against Boston Scientific Corp. in a transvaginal mesh case, ruling that the claims are not barred by Florida’s “government rules defense” because the 510(k) process through which the device was approved is focused on equivalence, not safety.

In an Oct. 5 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia also allowed the plaintiff’s failure-to-warn claims to proceed, finding questions of fact exist as to the adequacy of BSC’s warnings.

Florida resident Donna Edenfield was …