Foreign Subsidiaries are Indispensable to Artificial Disk Action, Judge Rules

VICTORIA, Texas - A Texas federal judge has dismissed an artificial disk action brought against Synthes Spine Inc., ruling that two of Synthes' foreign subsidiaries are necessary parties but that joinder is not feasible under Federal Rule of Procedure 19(a). Timberlake v. Synthes Spine Inc., No. V-08-4 (S.D. Texas).

On June 30, Senior Judge John D. Rainey of the U.S. District Court for the Southern District of Texas found that the device at issue was manufactured and marketed by the foreign subsidiaries and that it would be inequitable to allow the action to proceed if they are unable to defend …