Negligent Misrepresentation Claim Proceeds in Boston Scientific Pelvic Mesh Case

BOSTON — A Massachusetts federal judge has denied Boston Scientific Corp.’s motion to dismiss a negligent misrepresentation claim in a case targeting its Obtryx pelvic mesh device, ruling that the claim is limited to economic damages.

Judge Julia E. Kobick of the U.S. District Court for the District of Massachusetts ruled in a March 12 order that the claim is abrogated by the Ohio Product Liability Act to the extent it seeks compensatory damages.

In July 2020, Regina Oesterle was implanted with Boston Scientific’s Obtryx Transobturator Mid-Urethral Sling System, which is used to treat pelvic organ prolapse and stress urinary …