A move made this September wherein the plaintiffs involved in the pelvic mesh related injury against Boston Scientific agreed for their cases to be heard in a courtroom other than the Philadelphia Court of Common Pleas. This decision has its roots in the June 2017 "Bristol-Myers California Plavix" U.S. Supreme Court opinion, according to which the non-resident plaintiffs cannot continue their cases in state courts where they do not reside or the defendant companies are not corporate residents.
However, after giving it quite a thought and favoring a smooth functioning without any jurisdictional issue creating legal issues, the plaintiffs have agreed to this move. Our sources also inform us that the parties have agreed to litigate the cases in either Massachusetts, headquarters of Boston Scientific, or in Delaware, its state of incorporation. Boston Scientific has shown interest in resolving roughly 37,000 product liability cases filed against it with a few thousand already settled.
The June 2017 "Bristol-Myers California Plavix", has already been adopted by Bayer, headquartered in Pennsylvania, in removing a good number of cases from the Missouri federal court in the Essure litigation. It is expected that Bayer might press on the same ruling to dismiss hundreds of lawsuits in the other jurisdictions, like Philadelphia Court of Common Pleas, where Xarelto blood thinner cases are piling up.
