N.Y. Federal IVC Filter Case Proceeds Against Boston Scientific on Warning Claim

BUFFALO, N.Y. — A New York federal judge has ruled that a failure-to-warn claim should proceed in an IVC filter case because the plaintiff adequately alleged Boston Scientific Corp. did not warn that the device could migrate from its implantation site and cause a potentially deadly blood flow blockage.

In the Jan. 9 order, Judge John L. Sinatra adopted a magistrate judge’s recommendation that the plaintiff also be granted leave to amend her complaint as to the claims for design defect, breach of express warranty and consumer fraud and unfair trade practices.

Connie Poulin alleges her husband David Poulin’s death …