MDL Judge Refuses to Remand Sorin Heater-Cooler Case to Texas State Court

HARRISBURG — A Pennsylvania federal judge has refused to send a Sorin heater-cooler case to Texas state court, ruling that plaintiffs’ conduct in violating the parties’ tolling agreement and their failure to account for such conduct precludes remand.

In a Nov. 22 order, Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania said that given plaintiffs’ failure to respond to the accusations of bad faith, “the only conclusion to be reached on this record is that plaintiffs engaged in Janus-faced gamesmanship.”

Thomas Sterling and his wife allege LivaNova’s Sorin Stockert Heater-Cooler System 3T device was …