Debra Kilmer filed suit against Stryker Corporation, Stryker Sales Corporation and Howmedica Osteonics Corporation (“Defendants”), asserting that she had been injured by a defective knee implanted in her in Florida state court.
Defendants removed the action to the United States District Court for the Middle District of Florida citing diversity jurisdiction. Ms. Kilmer filed a motion to remand the proceedings back to state court asserting that the defendants had not established that the amount in controversy did not exceed $75,000.00.
The court found that there was sufficient evidence that the amount in controversy would exceed $75,000.00. In reaching this conclusion, the court noted that past medical bills that totaled nearly $73,000.00 and the fact that Ms. Kilmer sought damages for pain and suffering, as well as future medical care lead to the conclusion that her claim was in excess of $75,000. Therefore, a Florida federal court has retained jurisdiction over her knee implant suit.