STORY FROM: Drugs & Medical Devices

Bard IVC Filter Action Remanded, Ariz. Judge Says Nondiverse Healthcare Defendants Not Misjoined

PHOENIX — An Arizona federal judge has remanded a Bard IVC filter action to state court, finding the nondiverse healthcare defendants were not fraudulently misjoined because the plaintiffs’ claims arose out of the same transaction or occurrence and are likely to involve common questions of fact.

On May 23, Judge David G. Campbell of the U.S. District Court for the District of Arizona found that while none of the claims involve both Bard and the healthcare defendants, the allegations establish a relationship between the defendants.

In July 2005, Delaware resident Bianca Fraser-Johnson had a Bard inferior vena cava filter ...

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