A bid by Boston Scientific (NYSE: BSX) to dismiss 1 of the bellwether cases in the multidistrict litigation over its pelvic mesh products fell short when a federal judge ruled that the statute of limitations hadn't expired when the lawsuit was filed.

Roseanne Sanchez sued Boston Scientific in November 2012, alleging product liability and personal injury claims over the implantation of the Pinnacle pelvic floor repair kit and the Advantage transvaginal mid-urethral sling in January 2010. Boston Scientific asked Judge Roger Goodwin of the U.S. District Court for Southern West Virginia to dismiss the case, arguing that a 2-year statute of limitations had elapsed by the time Sanchez filed suit.

Sanchez, who had 4 revision surgeries in 2010, should have known then that there was a problem with the devices; that means the statute was triggered then, the Natick, Mass.-based medical device company argued, according to court documents. Sanchez countered that she didn't realize the persistent problems could be due to a defective device until August 2011, according to the documents. To read the entire article click here.