J&J Vaginal Mesh Plaintiff Can't Remove Suit From MDL

Law360, New York (April 8, 2013, 4:50 PM EDT) -- A West Virginia federal judge refused Thursday to send a vaginal mesh injury suit in multidistrict litigation against Johnson & Johnson to California state court, ruling that under Fourth Circuit law, several health care providers had been fraudulently joined to the action.

In denying plaintiff Dawn Flores' remand motion, U.S. District Judge Joseph Goodwin held that she could not establish claims for negligence, strict liability or breach of implied warranty against a California-based physician and hospital.

Because Flores, a California resident, and remaining defendants Johnson &...
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