Boston Scientific Stroke Device Case Proceeds to Discovery in N.C.

ASHEVILLE, N.C. — A North Carolina federal judge has refused to dismiss a lawsuit targeting Boston Scientific Corp.’s Watchman stroke prevention device, ruling that the plaintiff has “sufficiently pleaded enough facts” at this stage in the litigation.

In a March 22 order, Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina refused to make a determination as to whether the claims are preempted, ruling that the plaintiffs should proceed with discovery.

The case arises from the death of Jean Penland on July 29, 2015, from injuries she received when a Watchman left …