MDL Court Properly Denied Remand, Dismissed Ethicon Pelvic Mesh Case, 4th Circuit Affirms

RICHMOND, Va. — A lower court properly refused to remand an Ethicon pelvic mesh case to state court because the plaintiff failed to allege a cognizable claim against the nondiverse healthcare defendants, the 4th Circuit U.S. Court of Appeals ruled.

In a March 28 opinion, the appellate court further held that the trial court properly dismissed the case based on the plaintiff’s failure to comply with the court’s pretrial order requiring all multidistrict litigation plaintiffs to timely submit an abbreviated plaintiff profile form. In addition, the appellate majority ruled that the lower court properly denied the plaintiff’s request for reconsideration …