5th Circuit Remands Medical Malpractice Case On Jurisdiction Grounds
(September 15, 2015, 8:24 AM EDT) -- NEW ORLEANS — Removal of a medical malpractice and products liability dispute involving an allegedly faulty medical device from state court to federal court was improper, a divided Fifth Circuit U.S. Court of Appeals ruled Sept. 4 (Kale Flagg v. Stryker Corporation, et al., No. 14-31169, 5th Cir.; 2015 U.S. App. LEXIS 15864).
(Decision available. Document #77-150923-006Z.)
The appellate panel majority of Circuit Judges Jennifer Walker Elrod and Catharina Haynes, without reaching the merits of Kale Flagg’s claims, reversed and remanded to the U.S. District Court...