Fraud, Negligent Misrepresentation Claims Tossed in Boston Scientific IVC Filter Case

FORT MYERS, Fla. — A Florida federal judge has dismissed with prejudice claims of fraudulent misrepresentation and fraudulent concealment in an IVC filter case, ruling the plaintiff failed to plead the claims with the specificity required by Rule 9(b).

In a June 28 order, Judge Sheri Polster Chappell of the U.S. District Court for the Middle District of Florida also dismissed the plaintiff’s negligent misrepresentation claim, holding that none of the statements BSC allegedly made in its marketing materials support such a claim.

Felicia Davis suffered a pulmonary embolism in September 2005 and had Boston Scientific Corp.'s Greenfield IVC filter …