Plaintiff Martha Carlson’s 2013 lawsuit was consolidated with another case in May. Carlson alleged that her injuries were caused by the Uphold product after its implantation in 2010 in a Charlotte hospital.
The jury in the U.S. District Court for Western North Carolina found Oct. 16 that Carlson failed to prove that Boston Scientific “acted unreasonably in designing and/or formulating the Uphold device proximately causing Martha Carlson’s injuries,” according to court documents.
The jury also found that Carlson failed to prove that the Marlborough, Mass.-based company breached the implied warranty of merchantability. To be “merchantable,” a product must reasonably meet buyers’ expectations.
The other plaintiff in the case, Ramona Winebarger, dropped her suit last month after losing a bid to quash a Boston Scientific subpoena that would have allowed evidence of her prior murder conviction to come into the case.