“We are pleased to see the Court remand the proceedings to the Circuit Court of the City of St. Louis where we hope that that these claimants may finally get their day in court,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.
Port Washington, New York (PRWEB) November 11, 2014
Parker Waichman LLP, a national law firm that has long been dedicated to protecting the rights of victims who have been injured during medical procedures and by medical devices, comments on a Court ruling in which three lawsuit filed against Medtronic, Inc. will be remanded to the Circuit Court of the City of St. Louis for further proceedings. Parker Waichman LLP is collaborating on these cases with Neblett Beard & Arsneault , The Drakulich Firm, Holland Law Firm and The Lanier Law Firm.
The actions are:
- United States District Court, Eastern District Of Missouri, Eastern Division; Jimmy Hendrich, et al., vs. Medtronic, Inc., et al.; Case No. 4:14cv01635 Agf
- United States District Court, Eastern District of Missouri Eastern Division; Dennis Brian Anders, et al. v. Medtronic, Inc.; Medtronic Sofamor Danek USA, Inc.; Does 1-100; Case No. No. 4:14CV01637 ERW
- United States District Court, Eastern District of Missouri, Eastern Division; Joyce Smith, et al. vs. Medtronic, Inc. et al., Case No. 4:14-CV-01636-CEJ
Parker Waichman LLP is pleased to announce that all three cases have been remanded from federal court back to the 22nd Judicial Circuit (St. Louis City) Court under Judge John F. Garvey. Parker Waichman LLP also explains that a remand is an action that is taken by an appellate court in which the case is returned to the trial court or a lower appellate court for further action.
Allegations include that Medtronic and the other defendants were involved in a fraudulent marketing and promotional scheme in which illegal and dangerous uses of Infuse® were marketed. As a result of this marketing, the plaintiffs claim that they underwent surgeries in which Infuse® was used in certain “off label,” or unauthorized, ways, which led to a number of injuries.
Infuse is a genetically engineered, synthetic, recombinant human Bone Morphogenetic Protein (rhBMP-2) that received U.S. Food and Drug Administration (FDA) approval in 2002 for very specific uses:
- To stimulate spine growth in patients suffering from lower spinal degenerative disease
- For use in one type of spinal surgery
- For use in some dental procedures.
Infuse is not approved for use on the cervical (upper) spine; however, the bone graft product is widely used in these off label procedures, Parker Waichman LLP indicates.
Parker Waichman LLP comments that it is aware that patients may be harmed during medical procedures and as a result of the use of medical devices and is available to assist those individuals who have suffered injuries related to these procedures and medical products.
A defendant may remove a case to federal court under specific circumstances; namely, if the claim could have been originally brought in federal court. The party seeking removal and opposing remand must establish federal subject matter jurisdiction. Medtronic argued that federal subject matter jurisdiction was met because plaintiffs allegedly sought to have three cases tried as one, which would qualify the cases as a “mass action” under CAFA.
The cases were removed from the Circuit Court of St. Louis claiming jurisdiction under CAFA as a “mass action” and include just fewer than 100 plaintiffs and the same defendants. When combined, the three cases meet the minimum requirements for CAFA of over 100 plaintiffs, minimum diversity, and $5,000,000 recovery, the defendants claimed. Plaintiffs sought remand on the grounds they have never requested a joint trial and Medtronic’s’ removal was untimely. The Court found that the case lacks federal jurisdiction and should be remanded.
Prior to their removal, all three cases were consolidated for pretrial proceedings.
“We are pleased to see the Court remand the proceedings to the Circuit Court of the City of St. Louis where we hope that that these claimants may finally get their day in court,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “Individuals who allegedly suffered a serious, life-altering injury during a medical procedure, or loss over alleged misrepresentations, deserve their day in court.”
Parker Waichman LLP offers free legal consultations to victims of injuries allegedly caused by medical procedures. If you or a loved one experienced injuries as a result of a potentially inappropriately conducted medical procedure or due to a medical device, please visit the Medical Devices pages at YourLawyer.com or call 1-800-LAW-INFO (1-800-529-4636).