Ohio Federal Judge Retains Jurisdiction over Mesh Case; Finds Claims Against Nondiverse Defendants Time-Barred

COLUMBUS, Ohio — An Ohio federal judge has refused to remand a surgical mesh case to state court, finding the claims against the nondiverse medical provider defendants are time-barred under Ohio’s statute of repose, therefore those defendants were fraudulently joined.

On Sept. 11, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio further ruled that the surgical mesh does not qualify as a "foreign object" within the meaning of the statute of repose exception.

Michael J. Favors sued W.L. Gore Associates Inc., Davol Inc. and C.R. Bard Inc. in the Franklin County (Ohio) Court …