Mo. Judge Refuses to Remand Mirena Case; Finds Nondiverse Plaintiff Fraudulently Joined

ST. LOUIS — A Missouri federal judge has refused to remand to state court a Mirena action against Bayer Healthcare Pharmaceuticals Inc., ruling that the only nondiverse plaintiff was fraudulently joined because her claims are time-barred under New Jersey law.

On Nov. 18, Judge Richard E. Webber of the U.S. District Court for the Eastern District of Missouri found the plaintiff’s claim accrued in 2009, but she did not file suit until 2013.

On Aug. 26, 93 individuals sued Bayer in the St. Louis City Circuit Court, alleging injuries caused by Mirena. Plaintiffs claim the Mirena device migrated out of …