Boston Scientific Transvaginal Mesh Action Untimely Under Utah Law, 4th Cir. Affirms

RICHMOND, Va. — A federal appeals court has upheld an award of summary judgment to Boston Scientific in a transvaginal mesh action, affirming that the plaintiffs’ claims are time-barred because they were on inquiry notice by 2007 that the mesh device may have caused their injuries.

On April 26, the 4th Circuit U.S. Court of Appeals noted the plaintiff’s surgeon told her that the mesh was eroding and causing her symptoms during an April 2007 office visit and that she underwent revision surgery the following month, yet continued to experience the symptoms. By that point, she was on inquiry notice …