Texas Judge Remands Transvaginal Mesh Action, Finds Nondiverse Plaintiffs Not Fraudulently Joined

HOUSTON — A Texas federal judge has remanded a transvaginal mesh action to state court, finding that the citizenship of the nondiverse plaintiffs cannot be disregarded because their claims have a sufficient nexus with those of the diverse plaintiffs.

In a May 23 order, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas explained that the nondiverse plaintiffs were not egregiously misjoined because all of the plaintiffs’ claims arise from implantation of the same device.

American Medical Systems Inc. and Total Petrochemicals and Refining USA Inc. were sued by 34 women in …