Manufacturing Defect, Warning Claims to Proceed in Ariz. Pelvic Mesh Action
August 17, 2020
PHOENIX — An Arizona federal judge has allowed a manufacturing defect claim to proceed against Boston Scientific Corp. in a lawsuit targeting its pelvic mesh device, finding the plaintiff adequately alleged that the device’s polypropylene mesh is incompatible with human tissue.
In an Aug. 8 order, Judge Diane Humetewa of the U.S. District Court further ruled that the plaintiff sufficiently pled that BSC failed to adequately warn her doctors of the device’s risks.
However, the judge dismissed the plaintiff’s request for punitive damages, noting that Arizona law precludes the recovery of such damages where a device was designed, …
- Faegre Drinker Biddle & Reath
- Snell & Wilmer
- Wagstaff & Cartmell