Removing cases from California state court to Federal Court is a new strategy by the vaginal mesh companies.
Ontario, California (PRWEB) March 13, 2013
On Monday United States District Judge John F. Walter ordered a vaginal mesh case back to California state court after it had been removed to federal court by American Medical Systems. The case, Haston v. Elvin Yeo, et al. was removed to the federal court under case number ED CV 13-00364-JFW (OPx) by American Medical Systems’ attorneys—ReedSmith, LLP on February 27, 2013.
“Removing cases from California state court to federal court is a new strategy by the vaginal mesh companies,” said attorney Stewart R. Albertson. “The mesh companies, including American Medical Systems, hope that removed cases will be consolidated into the Federal MDL located in West Virginia, under case number 2325. Once a case ends up in West Virginia it’s very likely not coming back to California to be tried in front of a California jury. I believe that injured California patients have a right to have their case heard in front of a California jury when there are other named California defendants,” continued Albertson.
“Judge Walter’s order is significant because he made it even before I could file a motion asking the federal court to transfer the case back to California state court. This is a good indication for other transvaginal mesh cases being removed to federal court by the vaginal mesh companies. I see the mesh companies' new strategy of removing state-filed cases to federal court as procedural gamesmanship. I'm hoping this new strategy ends soon as it adds to the cost and time commitments we make to these types of cases, as well of what's required of the state and federal courts," concluded Albertson.
Stewart R. Albertson represents injured California patients in a number of vaginal mesh cases filed in California state courts. His next trial—Carpenter v. American Medical Systems, Inc., case number CIVDS 1007094—is set for May 13, 2013 in San Bernardino County Superior Court.