Important Ruling Against Boston Scientific in Pelvic Mesh Lawsuit

Posted on Feb 10, 2014

In November 2012, Roseanne Sanchez filed a pelvic mesh lawsuit against Boston Scientific.  In her lawsuit, Ms. Sanchez alleged that she was injured by a Pinnacle pelvic floor repair kit and an Advantage transvaginal mid-urethral sling in January 2010.

Boston Scientific Seeks to Have Case Dismissed

Boston Scientific asked the court to dismiss Ms. Sanchez’s case by arguing that the two year statute of limitations had run on her claim. More specifically, Boston Scientific alleged that Ms. Sanchez required four revision surgeries in 2010 and, thus, the company asserted that she should’ve known there was a problem and that the statute of limitations was started at that time.

Ms. Sanchez responded to Boston Scientific’s motion to dismiss the cause on grounds that the statute of limitations had run by alleging that she didn’t know that the problems she was having could be due to a defective product until August 2011.

The Judge Did Not Dismiss This Pelvic Mesh Lawsuit

Instead, the judge found that there is a material dispute as to the facts and that the case should not be dismissed at this time. The case, which is considered to be one of four bellwether cases about transvaginal mesh defects, is currently scheduled for trial in early June 2014.

Boston Scientific is not the only company facing lawsuits over transvaginal mesh complications. There are currently other manufacturers facing similar suits, and it is currently estimated that are about 4,000 cases pending nationwide.

Our Louisville transvaginal mesh attorneys extend our best wishes to Ms. Sanchez for a full recovery from her injuries and we will continue to monitor updates in this, and other, important pelvic mesh cases.

 

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Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law