MDL Judge Remands M2a Magnum Hip Case, Says Nondiverse Sales Rep Not Fraudulently Joined

SOUTH BEND, Ind. — An Indiana federal judge has remanded a Biomet M2a Magnum hip action to Missouri state court, ruling that the nondiverse defendant, a sales representative, was not fraudulently joined because plaintiffs have alleged a colorable claim of negligence against him.

On July 31, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana further held that the sales representative is not shielded from liability by the “innocent seller” statute because he advised the implanting surgeon of the M2a Magnum’s risks.

Joanne Mahler and her husband allege that Mahler’s M2a Magnum …