A federal judge in Arkansas has ruled that most counts in a pelvic mesh lawsuit against Boston Scientific can go to trial.
Kortney Cline sued Boston Sci in 2014, claiming that she suffered injuries after implantation with the company’s Obtryx trans-obturator mid-urethral sling in 2009.
Cline’s case was recently transferred to federal court in Arkansas from West Virginia, where it had been one of seven multi-district litigations. U.S. Judge Timothy L. Brooks in Arkansas, in an order dated Feb. 11, found that seven of the 10 counts in Cline’s lawsuit can proceed to trial.
Brooks among other things found “genuine, material disputes of fact” over whether Boston Sci should have used Marlex polypropylene in the Obtryx device. The judge also found that Cline had raised a “triable question of fact” over whether Boston Sci failed to entirely warn the doctor who implanted the Obtryx device in Cline.
Brooks also said in his opinion: “There are genuine, material disputes of fact regarding whether the Obtryx was a product suitable for permanent implantation in women and whether, given its materials and design, it was fit for use as a medical device to treat stress urinary incontinence.”
Boston Sci as of January 2020 faced roughly 54,000 product liability cases or claims related to the devices, which were designed to treat stress urinary incontinence and pelvic organ prolapse — and the company was in the process of settling most of the lawsuits, according to the company’s 2019 annual report.