Petition Seeks FDA Recall Order on Boston Scientific Surgical Mesh
Houston-based Mostyn Law has petitioned FDA asking that it order a recall of Boston Scientific’s surgical mesh products because they are allegedly made of defective, counterfeit material from China. The petition, filed on behalf of a West Virginia woman who suffered health problems from a Boston Scientific pelvic mesh implant, accuses the company of smuggling from China more than 34,000 pounds of unverified synthetic resin to make the mesh. It cites internal Boston Scientific emails that say the company bought the resin stock in 2011 and 2012 from a suspected counterfeiter in China without fully testing it or getting FDA approval for its use as a vaginal implant.
Earlier this year, a class action suit was filed in West Virginia federal court making similar allegations. The suit contains charges under the Racketeering and Corrupt Organizations Act (RICO) on behalf of women who have suffered severe discomfort, bleeding, infections, painful intercourse, urinary problems, and other complications from the mesh implants.
Also, FDA recently reclassified from Class 2 to Class 3 surgical mesh to repair pelvic organ prolapse (POP) transvaginally. The agency also required these product manufacturers to now submit a PMA to support their device’s safety and effectiveness. “The orders will require manufacturers to address safety concerns, including severe pelvic pain and organ perforation, through a rigorous PMA pathway to demonstrate safety and effectiveness,” an agency notice said. The actions do not apply to surgical mesh for other indications, like stress urinary incontinence or abdominal repair of POP, it said.