Hawaii Federal Judge Remands Surgical Stapler Case, Says Sales Rep Properly Joined

HONOLULU — A Hawaii federal judge has remanded a surgical stapler action to state court for lack of diversity, ruling that the plaintiffs have pled plausible strict liability claims against a nondiverse Medtronic sales representative and therefore she was not fraudulently joined.

In a July 2 order, Judge Jill Otake of the U.S. District Court for the District of Hawaii explained that state law has not rejected strict liability claims against medical device sales representatives.

Maryann Crist alleges she was injured during a surgical procedure when a Covidien Endo GIA purple 60 load stapling device malfunctioned. She and her husband …