Fla. Federal Judge Remands Heart Device Action to State Court

TAMPA, Fla. — A Florida federal judge has remanded an action in which a woman alleges her husband’s death was caused by a faulty left ventricular assist device (LVAD), ruling that jurisdiction is lacking due to a lack of complete diversity between the parties.

In a Sept. 13 order, Judge Tom Barber of the U.S. District Court for the Middle District of Florida refused to dismiss the action, ruling it is not clear that the New York-based healthcare defendants were fraudulently joined to defeat diversity.

Michael Otis was implanted with an HeartMate3 LVAD at the Presbyterian Hospital in New York. …