Federal Judge Retains Jurisdiction Over Infuse Action, Says Plaintiff Waited Too Long to Object to Removal

LOUISVILLE, Ky. — A Kentucky federal judge has denied a plaintiff’s motion to remove an Infuse case to state court, ruling that she waived her objections by waiting more than 30 days after Medtronic Inc. removed the action to federal court.

On April 13, Judge David J. Hale of the U.S. District Court for the Western District of Kentucky also found that, given the extent of the plaintiff’s alleged injuries, the amount in controversy exceeds the jurisdictional threshold of $75,000, exclusive of interest and costs

Nina Cole underwent a spinal fusion procedure in November 2012 at Norton Hospital in Louisville, …