Defendants in a medical malpractice lawsuit alleging a patient suffered adverse tissue reactions after a transvaginal mesh procedure have removed the case to federal court.
Plaintiffs Anne M. Klene and Richard T. Klene filed the lawsuit on Oct. 31 against Boston Scientific Corporation, Boston Scientific Sales, Mentor Worldwide and Johnson & Johnson.
In their complaint, they allege Anne Klene underwent several procedures in which transvaginal mesh manufactured by the defendants were inserted into her body to treat pelvic organ prolapse and stress urinary incontinence. However, the mesh caused hyper-inflammatory responses, causing her to experience chronic pain, the suit states.
The Klenes allege negligence, design defect and fraudulent concealment against the defendants.
Mentor Worldwide removed the case to the U.S. District Court for the Southern District of Illinois on Dec. 23. It argues that the amount in controversy – which exceeds $75,000 – and the diversity of citizenship make removal appropriate.
More specifically, the defendant argues that Boston Scientific Corporation and Boston Scientific Sales are citizens of Delaware and Massachusetts while Johnson & Johnson Worldwide are citizens of New Jersey.
The Klenes seek compensatory and punitive damages of more than $50,000, plus costs, attorney fees and other relief the court deems just.
Michael L. McGlynn of McGlynn and McGlynn in Belleville represents the plaintiffs.
David B. Sudzus of Drinker Biddle & Reath LLP in Chicago represents Mentor Worldwide.
St. Clair County Circuit Court case number 14-L-723