STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Remands Penis Pump Action, Citing Removing Defendant’s Failure to Obtain Co-Defendant’s Approval

PITTSBURGH, Pa. — A Pennsylvania federal judge has remanded a penis pump injury action to state court, ruling that the removing defendant’s failure to obtain consent from a co-defendant rendered the removal improper.

In an Oct. 8 order, Judge Arthur Schwab of the U.S. District Court for the Western District of Pennsylvania rejected the removing defendant’s assertion that the co-defendant, a seller/distributor of the device, was a “nominal” defendant, explaining that seller and distributors can be held liable under Pennsylvania law for defective products.

In a complaint originally filed in the Washington County Court of Common Pleas, Timothy Bowers ...

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Keith Owen Campbell
Pion Nerone Girman Winslow & Smith
Zarwin Baum DeVito Kaplan Schaer Toddy

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