N.M. Federal Judge Remands Ethicon Pelvic Mesh Case to State Court

SANTA FE, N.M. — A New Mexico federal judge has remanded an Ethicon (NYSE: J&J) pelvic mesh case to state court, finding the nondiverse sales representative is not fraudulently joined because plaintiffs have asserted viable claims against him.

On Dec. 4, Chief Judge M. Christina Armijo of the U.S. District Court for the District of New Mexico further found the District Court has no federal question jurisdiction under 28 U.S.C. §1331 because the resolution of plaintiffs' negligence per se claim does not create a "substantial question of federal law."

Esther Jasso had an Ethicon Gynecare Prosima Device surgically implanted into …