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Drug & Device News

By ljnstaff | Law Journal Newsletters
November 01, 2016

Pelvic Mesh Defense Verdict Thrown Out

After determining that the exclusion of two U.S. Food and Drug Administration (FDA) letters and other evidence left jurors with an “incomplete picture” of the facts, a Massachusetts appeals court recently reversed a defense verdict for Boston Scientific Corp. The case was brought by plaintiff Diane Albright, who allegedly was injured by a surgical mesh device known as Pinnacle, with which she was implanted in 2010 as a treatment for pelvic organ prolapse. At trial, the plaintiff was barred from offering into evidence a 2004 warning sent by the manufacturer's polypropylene supplier, as well as two 2012 FDA letters telling Boston Scientific that further studies were required.

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