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Establishing Diversity in Medical Device Litigation

By John L. Tate and Holly N. Lankster

A medical device manufacturer served with a product liability lawsuit in state court often prefers to be in federal court, but diversity jurisdiction require-
ments cannot be met because a local hospital that purchased the device and supplied it for use on the plaintiff-patient is a non-diverse co-defendant.

A large percentage of medical devices is designed for use by physicians only and are often single-use, sterile, disposable instruments. These devices are commonly purchased by a hospital at a treating physician's request and kept in stock until needed for a specific procedure. If an untoward event gives rise to a subsequent product liability lawsuit, the hospital is frequently named as a co-defendant.

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