Pain Pump Case Remanded to Massachusetts State Court

BOSTON - A pain pump injury case has been remanded to state court for lack of diversity jurisdiction by a Massachusetts federal judge, who found that the claims against a Massachusetts-based hospital are reasonably based in law and fact. Phillips v. Medtronic Inc., et al., No. 10-10305 (D. Mass.).

Judge Nathaniel Gorton of the U.S. District Court for the District of Massachusetts ruled that the state high court could possibly rule that a hospital can be deemed a seller or distributor of medical devices for the purposes of a product liability claim.

In 2002, Cynthia Phillips had a Medtronic intrathecal …