754 F. Supp. 2d 211
D. Mass.2010Background
- Plaintiffs Cynthia and Clifton Phillips filed a product liability suit in Massachusetts state court against Medtronic and The Brigham.
- The devices at issue are the Medtronic SynchroMed II infusion pump and Indura catheter, with PMA under the FDCA.
- Plaintiffs allege design defects and failure to warn about granuloma formation and medication effects.
- A 2008 FDA Class I Recall was issued concerning the devices; Plaintiffs claim they learned of it only in 2009.
- Plaintiffs seek damages for injury and loss of consortium, plus 93A relief for unfair and deceptive practices.
- Defendants removed the case to federal court alleging diversity (with The Brigham as a non-diverse defendant) and federal question/preemption theories; Plaintiffs moved to remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraudulent joinder of The Brigham for breach of warranty | Brigham can be liable as a seller/distributor of a defective device | Brigham is not a seller; no basis for warranty against hospital | Brigham not fraudulently joined; remand for lack of complete diversity |
| Federal question via MDA preemption | Plaintiffs' state-law claims may be preempted by FDCA/MDA defenses | Preemption may provide a basis for federal question removal | No complete preemption; no federal question jurisdiction; remand |
| Overall jurisdiction and remand | Diverse or federal-question basis exists to keep case in federal court | No subject-matter jurisdiction; removal improper | Remand granted; existing removals denied as moot |
Key Cases Cited
- Wilson v. Republic Iron & Steel Co., 257 U.S. 92 (U.S. 1921) (fraudulent joinder standard; burden on removing party)
- Mills v. Allegiance Healthcare Corp., 178 F. Supp. 2d 1 (D. Mass. 2001) (fraudulent joinder standard and factors for jurisdiction)
- Badon v. RJR Nabisco Inc., 236 F.3d 282 (5th Cir. 2000) (any possibility of recovery militates against fraudulent joinder)
- Carey v. Bd. of Governors of Kernwood Country Club, 337 F. Supp. 2d 339 (D. Mass. 2004) (subject-matter jurisdiction; diversity for removal analysis)
- Stratford Sch. Dist., S.A.U. Dist. No. 58 v. Employers Reins. Corp., 162 F.3d 718 (1st Cir. 1998) (predictive approach to state-law questions when context is unsettled)
- Polyplastics, Inc. v. Transconex, Inc., 713 F.2d 875 (1st Cir. 1983) (fraudulent joinder considerations and reliance on state-law analogies)