Judge Keeps Device Suit V. Boston Scientific Alive

Law360, New York (April 24, 2008, 12:00 AM EDT) -- A judge has refused to dismiss a lawsuit filed by a patient who alleged he was injured during a colonoscopy because of a malfunction of a Boston Scientific Corp. cautery machine.

Judge W. Allen Pepper Jr. of the U.S. District Court for the Northern District of Mississippi ruled against Boston Scientific's motion to dismiss on Tuesday, saying the statute of limitations had not been exhausted in the case brought by David Scoggins.

Scoggins brought the lawsuit June 2007, alleging that while undergoing a colonoscopy in June...
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