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Consumer Law
Product Liability

Beth Warford v. Boston Scientific Corporation

Published: May 1, 2020 | Result Date: Nov. 1, 2019 | Filing Date: Mar. 7, 2019 |

Case number: 2:19-cv-01679 Summary Judgment –  Defense

Judge

John E. McDermott

Court

CD CA


Attorneys

Plaintiff

Arati C. Furness
(Fears Nachawati PLLC)

Brian P. Barrow
(Bartlett Barrow LLP)


Defendant

Karen M. Firstenberg
(Clark Hill LLP)


Facts

In 2019, plaintiff Beth Warford filed suit against defendant Boston Scientific Corp. after she had a transvaginal mesh, made by Boston Scientific, implanted in her body and experienced complications.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendant produced a design and manufacturing defect, failed to warn, breached its express and implied warranty, was negligent, and alleged defendant misrepresented and concealed material information.

Plaintiff contended that she was implanted with the Transvaginal mesh on May 25, 2005, but after surgery concluded, she experienced extreme pain, had difficulty urinating, and subsequently had to have multiple surgeries. Plaintiff contended the product contained monofilament polypropelene mesh, which was not compatible with human tissue.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions and further contended plaintiff's injuries were caused by the negligence of other third parties.

Result

The case was dismissed with prejudice.


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