Search

Attributes

This case was last updated from PACER on 06/07/2021 at 10:14:57 (UTC).

Beal et al v. Boston Scientific Corp.

Case Summary

On April 08, 2021, Schyerle Beal and Kenny Beal (Plaintiffs), represented by Thomas David Haklar of Law Offices of Thomas D. Haklar filed a Personal Injury lawsuit against Boston Scientific Corporation, and Does 1 to 5, inclusive (collectively, “Defendants”), seeking punitive & exemplary damages among other reliefs for the alleged injury caused from the UPSYLON Y-MESH implantation manufactured by Defendants. This case was filed in the U.S. District Court for the Eastern District of California with Judges Morrison C. England, Jr. and Deborah Barnes presiding.

 

The Plaintiffs alleged that they filed this complaint for permanent injury in the form of mesh erosion, extrusion, scarring, dyspareunia (pain upon intercourse), and extensive scarring in her pelvic region caused by the use of UPSYLON Y-MESH  AND ADVANTAGE FIT SYSTEM MESH (“the accused product”) which she was implanted with, the synthetic mesh system on February 27, 2018, at Adventist  Health Lodi Memorial Hospital in Lodi, California due to a vaginal condition that required surgical intervention for repair.

 

In their complaint, the Plaintiffs alleged that “Defendants knew there was a defect and knew the defect in the accused product synthetic mesh system which was attributable to erosion and hardening of the mesh material and mesh removal is life-changing and can be irreversible and that it was not safe for patients for whom they were prescribed and implanted, because the mesh eroded and otherwise malfunctioned, and therefore failed to operate in a safe and continuous manner, causing injuries from erosion, extrusion, infection, sepsis, chronic foreign body invasion, dense adhesions, and worsening dyspareunia and also Removal of eroded or infected mesh brings a high rate of life-threatening complications including permanent disfigurement and hemorrhage. Therefore, it is further alleged that “Defendants, and each of them, so negligently and carelessly manufactured, compounded, tested, failed to test, inspected, failed to inspect, packaged, labeled, distributed, recommended, displayed, sold, examined, failed to examine and supplied aforesaid product, that it was dangerous and unsafe for the use and purpose for which it was intended.”

 

The Plaintiffs even further alleged that “Defendants, and each of them, falsely and fraudulently represented to Plaintiff Schyerle Beal, her physicians, and to members of the general public that the aforesaid product was safe, effective, reliable, consistent, and better than the other similar pelvic repair procedures when used in the manner intended by the manufacturer.  The representations by said Defendants, and each of them, were in fact, false.  The true facts include, but are not limited to, that the aforesaid product was not safe to be used for rectocele and cystocele repair, and was, in fact, dangerous to the health and body of Plaintiff.”

 

There are nine claims for relief laid down by Plaintiffs. These claims are for Strict Product Liability - alleged Failure to Warn; alleged Strictly Liability, alleged Negligence; alleged Breach of Implied Warranty; alleged Breach of Express Warranty; alleged Fraud; alleged Fraud by Concealment; alleged Negligent Misrepresentation; alleged Loss of Consortium.

 

In the prayer for relief, the Plaintiffs have requested the court to award general damages in sum within the jurisdiction of the court; medical, hospital, and incidental expenses, according to proof; loss of earnings and for loss of earning capacity; punitive or exemplary damages; costs of suit and attorneys’ fees; and pre-judgment interest.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.




Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00635

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    California Eastern District

Judge Details

Presiding Judge

Morrison C. England, Jr

Referral Judge

Deborah Barnes

 

Party Details

Plaintiffs

Kenny Beal

Schyerle Beal

Defendant

Boston Scientific Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Thomas David Haklar

Attorney at Law Offices of Thomas D. Haklar

320 Encinitas Blvd., Suite A

Encinitas, CA 92024-8701

Defendant Attorneys

Tarifa Belle Laddon

Attorney at Faegre Drinker Biddle & Reath LLP

1800 Century Park East, Suite 1500

Los Angeles, CA 90067

Theodore O'Reilly

Attorney at Faegre Drinker Biddle & Reath LLP

1800 Century Park East, Suite 1500

Los Angeles, CA 90067

 

Court Documents

#11

(#11) STIPULATION to Extend Time to Respond to #10 First Amended Complaint by Boston Scientific Corporation. (O'Reilly, Theodore) Modified on 6/2/2021 (Kaminski, H). (Entered: 06/01/2021)

#10

(#10) FIRST AMENDED COMPLAINT against Boston Scientific Corp. by Schyerle Beal. (Haklar, Thomas) Modified on 5/21/2021 (Zignago, K.). (Entered: 05/20/2021)

#8

(#8) CORPORATE DISCLOSURE STATEMENT by Defendant Boston Scientific Corporation. (O'Reilly, Theodore) (Entered: 05/12/2021)

7 #2

Proposed Order

7 #1

Memorandum of Points and Authorities

#7

(#7) MOTION to DISMISS by Boston Scientific Corporation. Motion Hearing set for 6/10/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(O'Reilly, Theodore) Modified on 5/12/2021 (Kastilahn, A). (Entered: 05/11/2021)

#6

(#6) NOTICE of APPEARANCE by Theodore O'Reilly on behalf of Boston Scientific Corporation. Attorney O'Reilly, Theodore added. (O'Reilly, Theodore) (Entered: 05/11/2021)

#5

(#5) NOTICE of APPEARANCE by Tarifa Belle Laddon on behalf of Boston Scientific Corporation. Attorney Laddon, Tarifa Belle added. (Laddon, Tarifa) (Entered: 05/11/2021)

#4

(#4) SUMMONS RETURNED EXECUTED: All Plaintiffs. (Haklar, Thomas) (Entered: 04/27/2021)

3 #2

VDRP

3 #1

Consent Form

#3

(#3) CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) (Entered: 04/08/2021)

#2

(#2) SUMMONS ISSUED as to *Boston Scientific Corporation* with answer to complaint due within *21* days. Attorney *Thomas David Haklar* *Law Offices of Thomas D. Haklar* *320 Encinitas Blvd., Suite A* *Encinitas, CA 92024-8701*. (Benson, A.) (Entered: 04/08/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Boston Scientific Corporation by All Plaintiffs. Attorney Haklar, Thomas David added. (Filing fee $ 402, receipt number 0972-9530554) (Attachments: #1 Civil Cover Sheet)(Haklar, Thomas) (Entered: 04/08/2021)

6 More Documents Available
View All Documents

 

Docket Entries

  • 06/01/2021
  • View Court Documents
  • Docket(#11) STIPULATION to Extend Time to Respond to #10 First Amended Complaint by Boston Scientific Corporation. (O'Reilly, Theodore) Modified on 6/2/2021 (Kaminski, H). (Entered: 06/01/2021)

    Read MoreRead Less
  • 05/20/2021
  • View Court Documents
  • Docket(#10) FIRST AMENDED COMPLAINT against Boston Scientific Corp. by Schyerle Beal. (Haklar, Thomas) Modified on 5/21/2021 (Zignago, K.). (Entered: 05/20/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#9) MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 6/10/2021 hearing on the Motion to Dismiss #7 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#8) CORPORATE DISCLOSURE STATEMENT by Defendant Boston Scientific Corporation. (O'Reilly, Theodore) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/11/2021
  • View Court Documents
  • Docket(#7) MOTION to DISMISS by Boston Scientific Corporation. Motion Hearing set for 6/10/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(O'Reilly, Theodore) Modified on 5/12/2021 (Kastilahn, A). (Entered: 05/11/2021)

    Read MoreRead Less
  • 05/11/2021
  • View Court Documents
  • Docket(#6) NOTICE of APPEARANCE by Theodore O'Reilly on behalf of Boston Scientific Corporation. Attorney O'Reilly, Theodore added. (O'Reilly, Theodore) (Entered: 05/11/2021)

    Read MoreRead Less
  • 05/11/2021
  • View Court Documents
  • Docket(#5) NOTICE of APPEARANCE by Tarifa Belle Laddon on behalf of Boston Scientific Corporation. Attorney Laddon, Tarifa Belle added. (Laddon, Tarifa) (Entered: 05/11/2021)

    Read MoreRead Less
  • 04/27/2021
  • View Court Documents
  • Docket(#4) SUMMONS RETURNED EXECUTED: All Plaintiffs. (Haklar, Thomas) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/08/2021
  • View Court Documents
  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/08/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to *Boston Scientific Corporation* with answer to complaint due within *21* days. Attorney *Thomas David Haklar* *Law Offices of Thomas D. Haklar* *320 Encinitas Blvd., Suite A* *Encinitas, CA 92024-8701*. (Benson, A.) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/08/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Boston Scientific Corporation by All Plaintiffs. Attorney Haklar, Thomas David added. (Filing fee $ 402, receipt number 0972-9530554) (Attachments: #1 Civil Cover Sheet)(Haklar, Thomas) (Entered: 04/08/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Boston Scientific Corporation is a litigant

Latest cases represented by Lawyer Thomas David Haklar