STORY FROM: Drugs & Medical Devices

Mo. Federal Judge Remands Spinal Fusion Case, Says Nondiverse Sales Rep Could be Held Liable

ST. LOUIS — A Missouri federal judge has remanded a DePuy spinal fusion system action to state court, ruling that the nondiverse sales representative could be held liable for failure to warn because he participated in putting the allegedly defective device in the stream of commerce.

On June 5, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri found the plaintiffs pled viable claims against the sales representative, thereby defeating diversity jurisdiction.

Pavla Rybar allegedly suffered an allergic reaction to metals contained in her implanted DePuy spinal fusion system, which resulted in serious ...

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