Late Filing Gets Medtronic Mesh Lawsuit Sent Back to State Court

Medtronic Inc. and affiliated companies must face a New York man’s reinstated hernia-mesh product liability suit in a state court, after the Second Circuit said Thursday that the case was improperly allowed to remain in federal court despite an untimely filing.

Brandon Taylor sued Medtronic Inc., Medtronic USA, Covidien Holding Inc., Covidien Inc., and Covidien LP in a New York state court. He alleged he was harmed by a flawed mesh product used during a hernia surgery.

Under the law allowing cases to be removed to federal court, “all defendants who have been properly joined and served must join in ...