STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Refuses to Remand Pelvic Mesh Case, Says Supplier Fraudulently Joined

PHILADELPHIA — A Pennsylvania federal judge has refused to remand a pelvic mesh case, ruling that the joinder of a nondiverse supplier was fraudulent in light of a state judge’s previous ruling that the claims are preempted by federal law.

In a Feb. 27 order, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania also granted defendants’ motion to transfer the action to Florida, where the plaintiff was implanted with the device.

Florida citizen Mary Quinn underwent implantation of Ethicon’s Prolene pelvic mesh device on May 2, 2007, in Sarasota, Fla. Quinn allegedly incurred injuries ...

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Faegre Drinker Biddle & Reath
Motley Rice
Tucker Ellis

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