Pelvic Repair Action Remanded to Texas State Court After Judge Finds Healthcare Defendants Not Fraudulently Joined

SAN ANTONIO — A Texas federal judge has remanded a pelvic repair system case to state court, finding the nondiverse healthcare defendants were not fraudulently joined because the medical negligence and product liability claims arise out of the same surgical procedure that caused the alleged injuries.

On Oct. 22, Judge Xavier Rodriguez further ruled that there are common questions that pertain to both parties, i.e., whether the healthcare defendants altered the products before implantation.

Diana Palos’s surgeon, Dr. Sammy Vick, implanted her with a Solyx Single Incision Sling System manufactured by Boston Scientific Corp. and a Pelvicol Acellular Collagen Matrix …