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Franklin v. Coloplast Corp.

Plaintiff Injured by Surgical Implant Has No Jurisdiction Against Danish Parent Company

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MEMORANDUM DECISION and ORDER I. INTRODUCTION On December 10, 2015, plaintiff Stephanie Franklin (“Franklin” or “plaintiff”) received a surgical implant of a vaginal and pelvic mesh called Aris Trans-Obturator Tape (“Aris”). She alleges that the mesh implant was defective, resulting in severe and lasting injuries to her pelvic and vaginal region. Defendant Coloplast Corp. (“the subsidiary”), a Delaware corporation with a principal place of business in Minneapolis, manufactured and marketed plaintiff’s Aris implant. Defendant Coloplast Manufacturing US, LLC (“Coloplast US”) is similarly incorporated in Delaware. Both companies are wholly-owned subsidiaries of defendant Coloplast A/S (“the parent” or “the Danish company”), a corporation organized under the laws of the Kingdom of Denmark. On December 3, 2018, Franklin filed a complaint in this District, relying on 28 U.S.C. §1332 for jurisdiction, because she and each defendant are citizens of different states and the amount in controversy exceeds $75,000. On August 19, 2019, plaintiff amended her complaint. On September 3, 2019, Coloplast A/S moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(2) to dismiss the amended complaint for a lack of personal jurisdiction. II. BACKGROUND In May of 2005, Mentor Worldwide LLC (“Mentor”) announced the launch of Aris, a support system designed for implantation in a woman’s groin and vaginal region to treat pelvic organ prolapse and urinary incontinence. Dkt. 1,

16-17, 29. On June 2, 2006, Mentor sold the surgical, urological, clinical, and consumer healthcare dimensions of its business to Coloplast A/S, a company registered in Denmark. Id.

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