Boston Scientific Pelvic Mesh Case Survives Dismissal Motion in Ariz.

PHOENIX — An Arizona federal judge has allowed failure-to-warn claims to proceed in a Boston Scientific pelvic mesh case, finding the plaintiffs adequately alleged that the company failed to provide adequate warnings to the implanting surgeon.

In a Nov. 14 order, Judge Diane Humetewa of the U.S. District Court for the District of Arizona also refused to dismiss the breach of express warranty claim, ruling that the plaintiffs sufficiently alleged Boston Scientific specifically warranted to the plaintiff and her doctors that the device was “safe, and/or safer than other alternative procedures and devices and more efficacious than other alternative medications.” …