BSC’s ‘Choice of Law’ Motion on Pelvic Mesh Punitive Damages Claim Rejected as Untimely
December 3, 2020
MIAMI — A Florida federal judge has denied Boston Scientific Corp.’s “Motion Regarding Choice of Law for Punitive Damages” in a pelvic mesh case as untimely, adding that Florida, rather than Massachusetts law, governs the plaintiff’s punitive damages claim.
In a Nov. 23 order, Judge Roy K. Altman of the U.S. District Court for the Southern District of Florida said BSC failed to offer any excuse for the “extreme tardiness” of the motion because the facts were available to it six years ago in the related multidistrict litigation proceeding.
“BSC’s wholesale inability to cite any new facts or binding legal …