State Court to Decide Whether Hospital Can Be Joined to Hernia Patch Action

MISSOULA, Mont. — A Montana federal judge has remanded a C.R. Bard hernia mesh patch case, ruling that a state court should decide whether the plaintiff has a viable products liability claim against the non-diverse medical provider defendant.

In an Aug. 19 order, Chief Judge Dana L. Christensen of the U.S. District Court for the District of Montana found a state court is better suited to resolve the issue because Montana law is unsettled as to whether a products liability claim may proceed against a hospital, physician, or other medical facility or provider.

Donald Meuchal alleges injuries caused by a …