3rd Cir. Upholds Dismissal of Boston Scientific IVC Filter Action

TRENTON, N.J. — A federal appeals panel has upheld dismissal of a lawsuit targeting Boston Scientific Corp.’s IVC filter, affirming that the plaintiff failed to prove that the company’s warnings were inadequate as a matter of law.

In an April 28 opinion, the 3rd Circuit U.S. Court of Appeals panel found the plaintiff failed to allege “deliberate concealment or nondisclosure of after-acquired knowledge of harmful effects, or manipulation of the post-market regulatory process.”

Richard Greisberg suffered a pulmonary embolism in 2002 and subsequently underwent implantation of a Greenfield Vena Cava Filter, which was intended to catch any blood clots …