Pelvic Mesh Case Remanded to Kentucky State Court
January 7, 2013
DOCUMENTS
- Order
PIKEVILLE, Ky. — A Kentucky federal judge has remanded a pelvic mesh device to state court, ruling that the plaintiff asserted colorable claims against the non-diverse healthcare defendants, therefore the fraudulent joinder exception does not apply.
On Jan. 2, Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky further found the plaintiff’s medical malpractice claims against the non-diverse defendants are not time-barred because it has not been established when she discovered what caused her alleged injury.
Loraine Williams, a Kentucky resident, had surgery to repair her pelvic organ prolapse in July 2007. Dr. Rick …
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