Three plaintiffs suing Boston Scientific in Philadelphia over allegedly defective pelvic mesh have agreed to litigate their cases elsewhere in light of the latest jurisdictional pronouncement from the U.S. Supreme Court.
Last month, Boston Scientific asked the court to remove any cases pending against it in the Philadelphia Court of Common Pleas, citing the Supreme Court s recent game-changing decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrel. But, according to a lead attorney in the pelvic mesh litigation, the parties have agreed to litigate the cases either in Massachusetts, where Boston Scientific has its principal place of business, or Delaware, where the company is incorporated.
We agreed with Boston Scientific to go forward and litigate the case in a different court, Kline & Specter attorney Shanin Specter said.
Shook Hardy & Bacon attorney Joseph Blum is representing Boston Scientific. Blum did not returned a call seeking comment Monday morning.
This story is developing.