The plaintiff in a pelvic mesh lawsuit, who wanted evidence of her murder conviction kept out of her case against Boston Scientific (NYSE:BSX), dropped the suit last week.
Ramona Winebarger, who in 1995 pleaded guilty to murder in the death of her 1st husband and the shooting of another man, withdrew her suit Sept. 17, according to court documents. Winebarger served 8 years of a 35-year sentence. Earlier this month she lost a bid to quash a Boston Scientific subpoena seeking her employment records, according to court filings.
After suing Boston Scientific in November 2013, Winebarger and 2nd husband Rex Winebarger asked Judge Richard Voorhees of the U.S. District Court for Western North Carolina to exclude evidence of her murder conviction, and another charge of giving a false statement. The Winebargers contended that the statute of limitations and the fact that both events stemmed from “a domestic violence situation” makes the evidence inadmissible.
Marlborough, Mass.-based Boston Scientific argued that Voorhees should allow the evidence, saying it goes toward her claim to have suffered mental anguish from the implantation of its Uphold vaginal support device in 2010.
“Mrs. Winebarger’s medical records, however, establish a long history of anxiety, depression, and flashbacks unrelated to her 2010 surgery. Mrs. Winebarger’s emotional history – which is necessarily intertwined with her criminal record – is directly relevant to her claimed damages,” the company argued. “Moreover, this evidence is also relevant to Mr. Winebarger’s claim for loss of consortium. Boston Scientific does not seek to impeach Mrs. Winebarger’s character for truthfulness – but rather to rebut her claim for damages.”
Boston Scientific also argued that the domestic violence claim calls her credibility into play, as it contradicts her 1995 confession in which she admitted to lying in wait at her 1st husband’s friend’s house before shooting him and wounding the friend.
“Mrs. Winebarger’s current claim that her convictions stemmed from a ‘domestic violence situation’ contradicts her earlier admission that she lied in wait for her husband and ‘had been planning [his murder] all day,'” the company contended in an August 25 court filing.