Calif. Judge Severs, Remands Claims in Hernia Patch Case

SACRAMENTO, Calif. - In a personal injury action arising from the implantation of Davol Inc.'s recalled Kugel hernia patch, a California federal judge severed and remanded to state court claims against the California-based healthcare defendants. Sutton, et ux. v. Davol Inc., et al., No. CV-F-08-280 (E.D. Calif.).

U.S. District Judge Oliver W. Wagner of the U.S. District Court for the Eastern District of California ruled May 28 that the California defendants were fraudulently joined.

David Sutton was implanted with the patch in February 2006. In March 2007, Sutton's healthcare providers allegedly admitted to him that they performed the surgery after …