Ky. Judge Severs Healthcare Defendants from Bard, Ethicon Transvaginal Mesh Action

LONDON, Ky. — A Kentucky federal judge has severed nondiverse healthcare defendants in a transvaginal mesh action, ruling that the medical malpractice claims should be tried in state court because those defendants are not indispensable.

On May 28, Judge David Bunning of the U.S. District Court for the Eastern District of Kentucky concluded that the healthcare defendants are dispensable parties because the medical malpractice claim “is highly distinct” from the products liability claims against C.R. Bard Inc. and Ethicon Inc..

Kentucky resident Melissa Mayfield underwent surgery in January 2014 to repair multiple vaginal prolapses and treat her stress urinary incontinence. …