Boston Scientific Denied Summary Judgment on Punitive Damages Claims in Obtryx TVM Cases
October 13, 2014
CHARLESTON, W. Va. — A West Virginia federal judge has denied Boston Scientific Inc.’s motion for summary judgment on punitive damages claims asserted in seven Obtryx transvaginal mesh device cases, finding the plaintiffs established an issue of fact as to whether the company’s actions were wanton, willful, or reckless.
Specifically, plaintiffs accused BSC of ignoring warnings that devices containing polypropylene should not be implanted in the human body, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia noted in the Oct. 9 order.
Plaintiffs in these cases were implanted with BSC’s Obtryx Transobturator …
- Andrus & Wagstaff
- Clark Love & Hutson
- Laminack Pirtle & Martines
- Perdue Kidd & Vickery
- Sensabaugh & Bonasso
- Shook Hardy & Bacon
- The Potts Law Firm