Judge Remands Shoulder System Action Against Biomet, Finds Nondiverse Defendants Not Egregiously Misjoined

ST. LOUIS — A Missouri federal judge has reconsidered her decision to sever product liability claims against Biomet Inc. from claims against nondiverse healthcare providers, ruling that the claims should not be severed because the nondiverse defendants were not egregiously misjoined.

On Aug. 29, Judge Audrey G. Fleissig of the U.S. District Court for the Eastern District of Missouri found the malpractice claims are sufficiently related to the product liability claims, therefore remand of the entire case is warranted.

Peter Rolfe underwent surgery in December 2010 to have a reverse shoulder system manufactured by Biomet Inc. and Biomet Orthopedics …