Boston Scientific Corporation and C.R. Bard, Inc. Missouri Cases

Eve Sherrer sued Boston Scientific Corporation and C.R. Bard Inc. for negligence, product defect, and failure to warn after polypropylene mesh slings were surgically implanted. Following a jury verdict for the defendants, Sherrer appealed, claiming errors in evidence exclusion and denial of a mistrial. The Missouri Supreme Court affirmed the judgment, holding that corporate prior convictions are not admissible for impeachment under section 491.050, and while using abandoned pleadings as admissions is improper, the error was not prejudicial due to cumulative evidence. The Court also found no manifest abuse of discretion in denying a mistrial after settlement information was briefly displayed, as prejudice was not established.

Eve Sherrer sued Boston Scientific Corporation and C.R. Bard, Inc. in a products liability action concerning mesh slings. The trial court entered judgment in favor of both defendants following jury verdicts. On appeal, the Western District reversed the judgment against Bard and remanded for a new trial, holding that the trial court committed reversible error by excluding evidence of Bard's prior felony convictions for impeachment purposes. The judgment in favor of Boston Scientific was affirmed.