Defendants Oppose Remand of 3 LFIT Cases, Say Claims Against Nondiverse Distributor Preempted

BOSTON — Defendants in the Stryker LFIT V40 multidistrict litigation have opposed motions to remand three cases to Massachusetts state court, arguing that the nondiverse distributor defendants was fraudulently joined because the claims against it are preempted.

In a June 16 opposition filed before Judge Indira Talwani of the U.S. District Court for the District of Massachusetts, defendants contend that as a distributor, Surgi-Care Inc. is barred from making any changes to the design, labeling, or packaging of the hip implant components that allegedly have “extensive design and manufacturing defects.”

Plaintiffs counter that preemption is a defense that goes to …