Mo. Federal Judge Allows Negligence, Strict Liability Claims to Proceed in BSC Pelvic Mesh Action

KANSAS CITY, Mo. — A Missouri federal judge has allowed negligence and strict liability claims to proceed against Boston Scientific in a pelvic mesh action, finding the plaintiff adequately alleged the company negligently marketed the devices as safe and did not adequately warn her surgeon of their risks.

In an April 3 order, Judge Greg Kays of the U.S. District Court for the Western District of Missouri dismissed the breach of warranty claims without prejudice, finding they were inadequately pled.

Donna Guilford was implanted with BSC’s Pinnacle Pelvic Floor Repair Kit and Obtryx Mid-Urethral Sling in 2009 to treat cystocele …