Stevens v. Boston Scientific Corporation et al
| Teresa L. Stevens |
| Boston Scientific Corporation, EMAI Plastic Raw Materal Co, Ltd., Proxy Biomedical Limited and Luxilon Industries NV |
| 2:2016cv00265 |
| January 12, 2016 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Lincoln |
| Joseph R. Goodwin |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
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Filing
35
MEMORANDUM OPINION AND ORDER for the reasons detailed herein, the court applies the doctrine of primary jurisdiction to this matter and REFERS the issues discussed herein to the United States Food and Drug Administration for initial consideratio n of the allegations contained in the plaintiff's Complaint and Motion for Preliminary Injunction; directing that this case is STAYED pending the plaintiff's application to the United States Food and Drug Administration for a determina tion specific to her allegations regarding Boston Scientific's mesh products; the court RETAINS jurisdiction over this case, and the plaintiff is ORDERED to file a status report with this court on or before 5/01/2016, regarding her effort to seek FDA consideration of these issues; once the FDA has taken any action relevant to the plaintiff's allegations, the plaintiff is ORDERED to provide such information to the court within 14 days of receipt; the plaintiff is responsible for p roviding the FDA with notice of this Memorandum Opinion and Order; directing the Clerk to retire the case to the court's inactive docket. Signed by Judge Joseph R. Goodwin on 1/26/2016. (cc: counsel of record; any unrepresented party) (published opinion on the court's website at www.wvsd.uscourts.gov) (ts)
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