17 Fla. Aesculap Knee Replacement Cases Remanded for Lack of Diversity

WEST PALM BEACH, Fla. — A Florida federal judge has remanded 17 knee replacement actions filed against Aesculap Implant Systems LLC, ruling that two non-diverse sales representative defendants were not fraudulently joined because it is possible that they were part of the devices’ distributive chain.

On Dec. 30, Judge Robin Rosenberg of the U.S. District Court for the Southern District of Florida sent the cases back to the Indian River County (Fla.) Circuit Court.

Plaintiffs in each case allege they were injured by Aesculap’s orthopedic knee replacement implant. They claim the device’s Teflon-like coating prevents a chemical bond with the …