Judge Allows Back Stimulator Lawsuits Against Boston Scientific to Be Directly Filed in MDL

Move is expected to improve the efficiency and management of the litigation as a rapidly growing number of Boston Scientific spinal cord stimulator lawsuits continue to be filed by individuals nationwide.

The U.S. District Judge presiding over all back stimulator lawsuits being pursued against Boston Scientific throughout the federal court system has issued an order that will allow future claims to be directly filed in his court, removing delays associated with transferring claims from various different districts across the country.

Boston Scientific, along with several other medical device manufacturers, faces mounting litigation over spinal cord stimulator (SCS) systems intended to relieve chronic back pain. However, lawsuits allege the devices are prone to malfunction, causing painful injuries that may require revision or removal procedures and, in some cases, leave patients with greater pain and disability than they experienced before implantation.

Given similar questions of fact and law presented in complaints brought in various different U.S. District Courts nationwide, a federal multidistrict litigation (MDL) has been established for lawsuits against Boston Scientific, where U.S. District Judge Josephine L. Staton has been appointed to preside over coordinated discovery and pretrial proceedings out of the Central District of California.

As lawyers continue to investigate spinal cord stimulator lawsuits in the coming weeks and months, the size and scope of the litigation is expected to increase dramatically, with thousands of individual complaints likely to be filed by individuals nationwide.

Direct Filing of Back Stimulator Lawsuits

On August 5, 2026, Judge Staton met with attorneys representing both plaintiffs and defendants for the initial status conference, with the intent of bringing the court up to date on the status of the litigation, and to plot out how to move forward toward an eventual resolution.

Following the status conference, the judge issued a pretrial order (PDF) on August 18 allowing future Boston Scientific spinal cord stimulator lawsuits to be filed directly with the MDL court, rather than first being filed in plaintiffs’ home districts and later transferred into the consolidated proceedings.

The direct filing order is expected to significantly streamline the process for patients to bring new lawsuits, and will eventually help the parties standardize information gathered about each claim.

An accompanying docket management order (PDF) details what information plaintiffs and their counsel need to provide the court when including their complaint on the docket. According to that order, the next status conference is scheduled for October 7, 2026.

Ultimately, Judge Staton is expected to order counsel for both sides to choose a group of cases that are emblematic of the majority of the litigation for further discovery and preparation for a series of early test trials. These “bellwether” trials will give each side an opportunity to see how juries process and weigh evidence, arguments and testimony that could repeatedly be put before juries nationwide if the cases go to trial.

The outcomes of these bellwether trials are not binding on other spinal cord stimulator lawsuits. However, the results could help form the framework for negotiations that could lead to a spinal cord stimulator lawsuit settlement agreement.

If no settlement agreement or other resolution is reached by the end of the bellwether trials and pretrial proceedings, Judge Staton would likely begin remanding claims back to their originating districts for individual trial dates, even if they were directly filed with the MDL.

Spinal Cord Stimulator Lawsuits

While Boston Scientific spinal cord stimulator lawsuits are already centralized as part of a federal MDL, similar product liability claims are also being pursued against  Abbott Laboratories, Medtronic and Nevro over allegations that their implanted back stimulators malfunctioned and caused serious injuries.

The U.S. Judicial Panel on Multidistrict Litigation previously declined to include claims against Abbott, Nevro or Medtronic in the Boston Scientific MDL. However, plaintiffs have since filed separate requests to establish an Abbott spinal cord stimulator MDL and a Nevro spinal cord stimulator MDL, which would each consolidate lawsuits involving those manufacturers before one federal judge for coordinated discovery and pretrial proceedings.

The Panel is scheduled to hear oral arguments on September 24, 2026, over whether the Abbott and Nevro lawsuits should be consolidated.

As spinal cord stimulator lawyers continue to investigate potential claims against the manufacturers, case evaluations are being conducted for individuals who suffered complications, including:

• Spinal cord stimulator lead migration
• Fractured or broken lead wires
• Painful electrical shocks or unexpected stimulation
• Burning sensations
• New or worsening back, leg or nerve pain
• Nerve damage or other neurological injuries
• Muscle weakness, numbness or loss of mobility
• Difficulty walking or gait instability
• Infection involving the implant or surgical site
• Battery or charging failures
• Complete spinal cord stimulator failure
• Revision surgery to reposition or replace leads or other components
• Surgical removal or explant of the spinal cord stimulator

To find out if you or a loved may qualify for a spinal cord stimulator lawsuit, submit information for review by an attorney. All case evaluations are free and there are no fees or expenses unless a recovery is obtained in your case.

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