STORY FROM: Drugs & Medical Devices

Ariz. Federal Judge Remands Bard IVC Filter Action, Says Nondiverse Healthcare Defendant Properly Joined

PHOENIX — An Arizona federal judge has remanded a Bard IVC Filter action, ruling that the nondiverse healthcare provider was not fraudulently misjoined because the plaintiff has a “reasonable, non-frivolous basis” for bringing claims against both Bard and the healthcare provider.

In a May 4 order, Judge David G. Campbell further found that the claims against the healthcare provider arise out of the “same transaction, occurrence, or series of transactions or occurrences” because resolution of the issue shares common facts with other claims, including whether there was a design defect and whether Bard failed to warn the plaintiff of the ...

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Davidovitz & Bennett
Ongaro PC
Reed Smith

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