Medtronic Sales Reps Can be Held Liable to Plaintiff, Ariz. Judge Rules in Remanding Action

PHOENIX — Non-diverse Medtronic sales representatives were not fraudulently joined to a lawsuit alleging injury caused by a malfunctioning neurostimulator because the plaintiff has pled a viable claim against those defendants, an Arizona federal judge has ruled in granting the plaintiff’s motion to remand the case.

On Aug. 5, Judge David Campbell of the U.S. District Court for the District of Arizona held that the sales representatives can be held liable for breaching their duty of care to the plaintiff by increasing the stimulation level of the device to allegedly dangerous levels.

In an attempt to address his chronic back …