Conn. Federal Judge Remands Ethicon Hernia Mesh Case, Says Nondiverse Defendant Properly Joined

HARTFORD, Conn. — A Connecticut federal judge has remanded an Ethicon Prolene Hernia Mesh case to state court, explaining that the plaintiff has asserted a viable claim of negligence against the nondiverse defendant hospital.

In an April 23 order, Judge Michael P. Shea of the U.S. District Court for the District of Connecticut concluded that the hospital was not fraudulently joined because it could be held liable under a theory of “negligent credentialing.”

In May 2011, Connecticut citizen Domenic Kenneson underwent hernia repair surgery at Saint Mary's Hospital in Waterbury, Conn. During the procedure, his surgeon implanted Prolene Mesh, which …