This case was last updated from PACER on 11/26/2021 at 09:38:43 (UTC).

Garcia-Torres v. Boston Scientific Corporation

Case Summary

On September 27, 2021, Reyna M. Garcia-Torres (“Plaintiff”), represented by Julie S. Ferraro of Ketterer Browne Anderson, LLC, filed a product liability lawsuit against Boston Scientific Corporation (hereinafter referred to as, “Defendant”), seeking restitution and damages along with prejudgement and post-judgement interest among other reliefs for the alleged negligence of the Defendant in manufacturing a defective product. This case was filed in the United States District Court in the District of Massachusetts with Judge Patti B. Saris presiding.

 

In the complaint, the Plaintiff alleged that, “Boston Scientific relied on the safety data and information of other competitors’ Pelvic Mesh Products, assuming that its own Pelvic Mesh Products, would be clinically equivalent. Defendant made this assumption without performing any clinical testing prior to marketing the Pelvic Mesh Products” and “Defendant knowingly made these representations in violation of federal law” and “Defendant did not, and has not, adequately studied the extent of the risks associated with the SUI repair Products. In January 2012, the FDA recognized the risk to women and mandated additional studies to further investigate these risks associated with the Products used to repair SUI.”

 

The Plaintiff further alleged that, “Defendant knew or should have known that its Pelvic Mesh Products unreasonably exposed patients to the risk of serious harm while conferring no benefit over available feasible alternatives that do not involve the same risks” and “Defendant has consistently underreported and withheld information about the propensity of its Pelvic Mesh Products to fail and to cause injury and complications and has misrepresented the efficacy and safety of its transvaginal mesh Pelvic Mesh Products, through various means and media, actively and intentionally misleading the public” The Plaintiff also alleged that, “Contrary to Defendant’s representations and marketing to the medical community and to the patients themselves, Pelvic Mesh Products had high rates of failure, injury, and complications, fails to perform as intended, requires frequent and often debilitating re-operations, and has caused severe and irreversible injuries.”

 

The Plaintiff also alleged that, “The Solyx implanted into Plaintiff was in the same or substantially similar condition as when it left the possession of Defendant Boston Scientific, as well as being in the condition directed by and expected by this Defendant” and “Plaintiff and her physicians foreseeably used and implanted the Solyx Single Incision Sling System and did not misuse or alter the Solyx Single Incision Sling System in an unforeseeable manner.” The Plaintiff also alleged that, “As a direct and proximate result of the use of the Solyx, Plaintiff suffered, and continues to suffer, serious physical bodily injury and harm, and mental pain and suffering” and “Plaintiff, in the exercise of due diligence, could not reasonably have discovered the cause of her injuries, including, but not limited to, the defective design and/or manufacturing of the Solyx until recently.” 

 

There are four claims for relief laid down by the Plaintiff. The first claim is for the alleged strict products liability - defective design. The second claim is for the alleged strict liability - manufacturing defect. The third claim is for the alleged strict liability - failure to warn. The fourth claim is for alleged negligence.

 

In its prayer for relief, the Plaintiff requested the Court for compensatory damages, special damages, restitution, disgorgement of profits, punitive damages, attorneys’ fees, expenses, costs of this suit, pre-judgement interest, post-judgement interest, and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-11582

  • Filing Date:

    09/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Patti B. Saris

 

Party Details

Plaintiff

Reyna Garcia-Torres

Defendant

Boston Scientific Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Julie S. Ferraro

Attorney at Ketterer Browne Anderson, LLC

11130 Sunrise Valley Drive, Suite 140

Reston, VA 20191

Julie Palleschi

Attorney at Ketterer, Browne & Associates, LLC

336 S. Main Street

Bel Air, MD 21014

Danae N. Benton

Attorney at Fears Nachawati

5473 Blair Road, 75231

Dallas, TX 75231

Defendant Attorneys

Lisa Oliver White

Attorney at Murphy & Riley, PC

125 High Street, Suite 2311

Boston, MA 02110

Shane Anderson

Attorney at Faegre Drinker Biddle & Reath LLP

90 S. 7Th Street, Ste. 2200

Minneapolis, MN 55402

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A

1 #2

Civil Cover Sheet

1 #3

Supplement Category Form

#3

(#3) Summons Issued as to Boston Scientific Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 09/28/2021)

#4

(#4) AFFIDAVIT OF SERVICE Executed by Reyna Garcia-Torres. Boston Scientific Corporation served on 9/28/2021, answer due 10/19/2021. Acknowledgement filed by Reyna Garcia-Torres. (Ferraro, Julie) (Entered: 09/29/2021)

5 #5

Main Document

5 #1

Affidavit

#7

(#7) ANSWER to #1 Complaint, with Jury Demand by Boston Scientific Corporation.(White, Lisa) (Entered: 10/18/2021)

#8

(#8) NOTICE of Appearance by Lisa Oliver White on behalf of Boston Scientific Corporation (White, Lisa) (Entered: 10/18/2021)

#9

(#9) NOTICE of Scheduling Conference by VIDEOThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 12/2/2021 11:00 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 11/12/2021)

#10

(#10) JOINT SUBMISSION pursuant to Local Rule 16.1 by Boston Scientific Corporation.(White, Lisa) (Entered: 11/22/2021)

#11

(#11) MOTION for Leave to Appear Pro Hac Vice for admission of Shane A. Anderson Filing fee: $ 100, receipt number AMADC-9068456 by Boston Scientific Corporation.(White, Lisa) (Entered: 11/23/2021)

#13

(#13) NOTICE of Appearance by Shane Anderson on behalf of Boston Scientific Corporation (Anderson, Shane) (Entered: 11/23/2021)

4 More Documents Available
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Docket Entries

  • 11/23/2021
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  • Docket(#13) NOTICE of Appearance by Shane Anderson on behalf of Boston Scientific Corporation (Anderson, Shane) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#12) Judge Patti B. Saris: ELECTRONIC ORDER entered granting #11 Motion for Leave to Appear Pro Hac Vice Added Shane A. Anderson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Geraldino-Karasek, Clarilde) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#11) MOTION for Leave to Appear Pro Hac Vice for admission of Shane A. Anderson Filing fee: $ 100, receipt number AMADC-9068456 by Boston Scientific Corporation.(White, Lisa) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#10) JOINT SUBMISSION pursuant to Local Rule 16.1 by Boston Scientific Corporation.(White, Lisa) (Entered: 11/22/2021)

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  • 11/12/2021
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  • Docket(#9) NOTICE of Scheduling Conference by VIDEOThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 12/2/2021 11:00 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 11/12/2021)

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  • 10/18/2021
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  • Docket(#8) NOTICE of Appearance by Lisa Oliver White on behalf of Boston Scientific Corporation (White, Lisa) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#7) ANSWER to #1 Complaint, with Jury Demand by Boston Scientific Corporation.(White, Lisa) (Entered: 10/18/2021)

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  • 10/04/2021
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  • Docket(#6) Judge Patti B. Saris: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Danae N. Benton. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Geraldino-Karasek, Clarilde) (Entered: 10/04/2021)

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  • 10/01/2021
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  • Docket(#5) MOTION for Leave to Appear Pro Hac Vice for admission of Danae Benton Filing fee: $ 100, receipt number AMADC-8987972 by Reyna Garcia-Torres. (Attachments: #1 Affidavit)(Ferraro, Julie) (Entered: 10/01/2021)

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  • 09/29/2021
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  • Docket(#4) AFFIDAVIT OF SERVICE Executed by Reyna Garcia-Torres. Boston Scientific Corporation served on 9/28/2021, answer due 10/19/2021. Acknowledgement filed by Reyna Garcia-Torres. (Ferraro, Julie) (Entered: 09/29/2021)

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  • 09/28/2021
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  • Docket(#3) Summons Issued as to Boston Scientific Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 09/28/2021)

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  • 09/27/2021
  • Docket(#2) ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#1) COMPLAINT against Boston Scientific Corporation Filing fee: $ 402, receipt number AMADC-8977863 (Fee Status: Filing Fee paid), filed by Reyna Garcia-Torres. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Supplement Category Form)(Ferraro, Julie) (Entered: 09/27/2021)

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