Legal Feeds on February 24, 2017

An Ontario judge has certified a class action lawsuit against medical device manufacturer Boston Scientific Ltd., in what lawyers say is the first successfully certified contested action concerning transvaginal meshes in Canada.

In Vester v. Boston Scientific Ltd., Ontario Superior Court Justice Paul Perell certified the action, which claimed the nine different devices manufactured by the company were negligently designed, and that Boston Scientific failed to warn the women of their potential risks.

Class members say they experienced adverse side effects after having one of the devices — which are all made of the same polypropylene — surgically inserted in order to treat incontinence. The lead plaintiff, Susan Vester, claimed she suffered complications and a great deal of pain after undergoing surgery to have one of the products implanted in her.