Del. Judge Refuses to Dismiss Boston Scientific Pelvic Mesh Action

WILMINGTON, Del. — A Delaware judge has refused to dismiss a lawsuit targeting Boston Scientific Corp.’s pelvic mesh device, ruling that the claims are not time-barred and that plaintiffs have adequately pled claims for design defect and failure to warn.

However, in the May 12 order, Judge Francis Jones of the Delaware Superior Court dismissed the breach of warranty claim as time-barred and the manufacturing defect claim as inadequately pled.

Tennessee resident Connie Hagan was implanted with a BSC Uphold pelvic mesh device in 2012 to treat her stress urinary incontinence and pelvic organ prolapse. Following the procedure, Hagan began …