Federal Court Sends an Albertson & Davidson, LLP Transvaginal Mesh Case Back to Los Angeles County Superior Court

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A federal judge ordered an Albertson & Davidson, LLP transvaginal mesh case back to California state court after it had been removed to federal court by transvaginal mesh manufacturer C. R. Bard, Inc.

Stewart R. Albertson

On Monday United States District Judge S. James Otero ordered a transvaginal mesh case back to California state court against the wishes of vaginal mesh manufacturer C. R. Bard, Inc., ruling that a California doctor was not fraudulently misjoined as a defendant in the original state court lawsuit.

Plaintiff Martha Lung filed suit in California state court in October 2012 alleging that C. R. Bard’s pelvic mesh product known as Pelvitex Polypropylene Mesh caused significant injuries to her vaginal region. Ms. Lung also sued the California doctor who surgically implanted C. R. Bard’s pelvic mesh product. The case—Lung v. Bard—is filed in Los Angeles County Superior Court under case number BC 494305.

C. R. Bard, which is facing multidistrict litigation in a West Virginia Federal District Court, under MDL number 2187, removed the case to federal court claiming that the California doctor was fraudulently joined in the state suit. But U.S. District Judge S. James Otero disagreed with C. R. Bard ruling that the California doctor was an appropriate defendant in the state court action. Accordingly, Judge Otero sent the case back to Los Angeles Superior Court.

Albertson & Davidson, LLP partner Stewart R. Albertson, an attorney for Lung, said in a statement that transvaginal mesh manufactures remove these cases from state court hoping they will remain in federal court where they will likely not see the light of day.

“This is the second vaginal mesh case that’s been ordered back to California state court in the past few weeks” said attorney Stewart R. Albertson. “On March 13 we were able to get another case—Haston v. Yeo, case number ED CV 13-00364-JFW (OPx)—ordered back to California state court, which involved another transvaginal mesh manufacturer—American Medical Systems, Inc. We have four more cases that were removed in late February that we’re still trying to get remanded to California state court,” stated Albertson.

The other four cases Albertson refers to were all removed to federal court in February by American Medical Systems, Inc. Those cases include Cooper v. Siddighi 5:13-cv-00345-JGB-SP, Lanska v. Hanna 2:13-cv-01434-ABC-E, Goodwin v. Kojian 8:13-cv-00325-JST-JPR, and Guardado v. Highshaw 5:13-cv-00365-PSG-SP. “The hearings on the remaining four vaginal mesh cases will be heard in the next few weeks in federal court and then we’ll know if those cases will be remanded too,” said Albertson.

Stewart R. Albertson represents injured California patients in a number of transvaginal mesh cases filed in California state courts against American Medical Systems, Johnson & Johnson, Ethicon, Inc., C. R. Bard, Boston Scientific Corporation, and Caldera Medical. 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.

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Keith Davidson
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