A Massachusetts appeals court has reversed the first defense verdict for Boston Scientific Corp. in a surgical mesh trial after concluding that excluding a supplier’s warning and two U.S. Food and Drug Administration letters gave jurors an “incomplete picture” of the case.
The intermediate-level Massachusetts Appeals Court found on Tuesday that allowing such evidence at trial would have given plaintiff Diane Albright the chance to counter defense counsel’s repeated references that the FDA had “cleared” Boston Scientific’s Pinnacle pelvic floor repair kit for sale.
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