Texas Court Remands Hip Implant Suit, Says Plaintiffs Could Recover Damages Against Sales Rep
August 27, 2014
DOCUMENTS
- Order
DALLAS –– A Texas federal court has remanded a BHR acetabular cup hip implant lawsuit, finding that the plaintiffs had sufficiently pled claims against the defendant’s sales representative, the only non-diverse defendant in the case.
In the Aug. 22 opinion, the U.S. District Court for the Northern District of Texas found that Smith & Nephew failed to meet the “heavy burden” of establishing that the plaintiffs had no chance of recovering damages against the representative.
In a complaint filed in Dallas County District Court, Timothy and Karen Hutchens maintained that a BHR hip device implanted in Tim Hutchens in …
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