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 …