Fearrington v. Boston Scientific Corporation, No. 4:2019cv02366 - Document 25 (S.D. Tex. 2019)
Court Description: MEMORANDUM OPINION AND ORDER granting in part and denying in part 6 MOTION to Dismiss 1 Complaint (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Fearrington v. Boston Scientific Corporation Doc. 25 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JANET FEARRINGTON, Plaintiff, V. BOSTON SCIENTIFIC CORPORATION, Defendant. § § § § § § § § § October 16, 2019 David J. Bradley, Clerk CIVIL ACTION NO. H-19-2366 MEMORANDUM OPINION AND ORDER Plaintiff Janet Fearrington ("Plaintiff") asserts claims against defendant Boston Scientific Corporation ("Defendant") for products liability, breach of warranty, fraud, and negligence. 1 Pending before the court is Defendant Boston Scientific's Motion to Dismiss (Docket Entry No. 6) ("Defendant's Motion to Dismiss") . For the reasons explained below, Defendant's Motion to Dismiss will be granted in part and denied in part. I. Factual and Procedural Background Defendant is a manufacturer of medical devices. involves three devices produced by Defendant: This action the Obtryx Transobturator Mid-Urethral Sling System ("Obtryx"), the Polyform Synthetic Mesh ("Polyform"), See Complaint ("Complaint") , Docket docket entries in the the top of the page CM/ECF. 1 and the Advantage Fit System for Damages and Demand for Jury Trial Entry No. 1, pp. 22-33. All page numbers for record refer to the pagination inserted at by the court's electronic filing system, Dockets.Justia.com
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