MDL-3181 Boston Scientific, C.D. Cal.

Boston Scientific Spinal Cord Stimulator Lawsuit

Updated August 3, 2026. Boston Scientific is the only spinal cord stimulator manufacturer with a federal MDL. MDL-3181 was created on June 5, 2026 before Judge Josephine L. Staton in the Central District of California, with 26 actions pending as of August 2026. Every complaint alleges that sales representatives practiced medicine without a license. There is no verdict and no settlement in the tort.

Last Updated: August 3, 2026
5 min read
JPML Data Verified
4 sources cited

Key Takeaways

  • The only spinal cord stimulator MDL is MDL-3181 against Boston Scientific, before Judge Staton (C.D. Cal.), created June 5, 2026
  • 26 cases pending as of August 2026, a very small docket by MDL standards
  • Named complaints reference the WaveWriter and WaveWriter Alpha; the JPML order named no specific models
  • Every complaint pleads the unlicensed-practice-of-medicine theory against sales representatives; no court has endorsed it on the merits
  • No Class I recall has been identified for Boston Scientific SCS devices, and there is no verdict or settlement

The only SCS MDL

MDL-3181 is the one federal spinal cord stimulator MDL. The JPML created it on June 5, 2026 and assigned it to Judge Josephine L. Staton in the Central District of California. The order identified two shared factual questions running through the Boston Scientific cases: whether the premarket approval was built in part on other manufacturers' clinical literature, and whether the company used the premarket-approval supplement process to introduce significantly modified devices without fresh clinical evaluation. The docket was originally captioned to include Abbott and was renamed to Boston Scientific only when the Panel declined to centralize the Abbott cases on procedural grounds.

Devices

Named complaints reference the WaveWriter and WaveWriter Alpha. The broader Boston Scientific line is reported to include Precision Montage and Spectra WaveWriter. The transfer order does not name specific models, so we treat model-level identification within the pleadings as unconfirmed. The specific device you had is recorded in your implant and device records.

The sales-representative theory

The distinctive allegation in MDL-3181, pleaded in every complaint, is that Boston Scientific sales representatives practiced medicine without a license: entering surgical suites, advising surgeons on intraoperative lead positioning, programming devices, and adjusting stimulation parameters. No court has endorsed the unlicensed-practice-of-medicine theory on the merits, and in one case against a different manufacturer it was dismissed for lack of a private right of action. A narrower theory, that the manufacturer failed to train its representatives, was allowed to proceed as ordinary negligence in DiToto v. Nevro. Whether Judge Staton accepts any version of this theory is one of the open questions in the MDL.

Filing deadline and status

There is no verdict and no settlement in spinal cord stimulator litigation against any manufacturer. On timing, a July 14, 2026 order by Judge Schiltz in Minnesota applied one-year state limitations periods and started the clock when a patient was advised to turn the device off or developed dramatic new symptoms, rather than at explant. That analysis will not apply in every state, but it makes the filing timeline more urgent than the two-to-four-year windows advertised on many firm pages.

Frequently Asked Questions

Is there a Boston Scientific spinal cord stimulator MDL?
Yes. Boston Scientific is the only spinal cord stimulator manufacturer with a federal MDL. MDL-3181 was created by the JPML on June 5, 2026 and assigned to Judge Josephine L. Staton in the Central District of California. As of the August 2026 report, 26 actions were pending. The docket was renamed from Abbott and Boston Scientific to Boston Scientific only when the Panel declined to centralize the Abbott cases on procedural grounds.
Which Boston Scientific devices are involved?
Named complaints reference the Boston Scientific WaveWriter and WaveWriter Alpha. The broader product line is reported to include Precision Montage and Spectra WaveWriter. The JPML transfer order does not name specific models, so model-level identification within the MDL pleadings is not otherwise publicly confirmed. The device you had is recorded in your implant records.
What is the sales representative allegation?
Every complaint in MDL-3181 alleges that Boston Scientific sales representatives practiced medicine without a license by entering surgical suites, advising surgeons on lead positioning, programming devices, and adjusting stimulation parameters. No court has endorsed the unlicensed-practice-of-medicine theory on the merits, and in one case against a different manufacturer it was dismissed for lack of a private right of action. A related theory, failure to train sales representatives, was allowed to proceed as ordinary negligence in DiToto v. Nevro.
Have there been any Boston Scientific settlements or verdicts?
No. There has never been a jury verdict or a settlement against Boston Scientific in spinal cord stimulator product liability litigation. A 20 million dollar figure sometimes cited between Boston Scientific and Nevro was a patent case, not a product-liability result. We do not publish projected settlement figures because no verifiable source has published any.

Sources & References

4 sources cited

• JPML transfer order creating MDL-3181 (June 5, 2026)

• U.S. District Court, Central District of California: MDL-3181 docket, Judge Josephine L. Staton

• MDL-3181 complaints describing the WaveWriter devices and the sales-representative allegations

• Judicial Panel on Multidistrict Litigation: August 2026 MDL statistics

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