Fajardo v. Boston Scientific Corp.

Summary

The court affirmed summary judgment for the referring gynecologist and his practice because the physician performing the mesh implantation bore the informed-consent duty, and because the alleged misrepresentations were legally insufficient. It also affirmed the judgment for the manufacturer, holding that the plaintiffs lacked sufficient expert evidence to warrant a jury instruction on reasonable alternative design under the risk-utility test. Justice Ecker, concurring in part and dissenting in part, would have held that the evidence concerning the TVT sling was sufficient to support that instruction.