Jury finds for Boston Scientific in pelvic mesh case

A federal jury in North Carolina last week found for Boston Scientific (NYSE:BSX) in a product liability lawsuit filed over its Uphold pelvic mesh.

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.

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