Fajardo v. Boston Scientific Corp.

Summary

The court affirmed summary judgment for the referring gynecologist and his practice because the physician who performed the mesh implantation, rather than the referring physician, bore the duty to obtain informed consent, and the alleged misrepresentations were legally or factually unsupported. It also affirmed the product-liability judgment because the plaintiffs did not present sufficient expert evidence identifying a feasible alternative design that would have reduced or avoided the patient's injuries. Justice Ecker concurred in part and dissented in part, concluding that the evidence was sufficient to require a reasonable-alternative-design instruction.