STORY FROM: Drugs & Medical Devices

Texas Man Urges MDL Judge to Remand Smith & Nephew Hip Case to State Court

BALTIMORE — A Texas man is urging a Maryland federal judge to remand his action targeting Smith & Nephew’s metal-on-metal hip implant system to Texas state court, arguing that he has asserted viable claims against the non-diverse healthcare and sales representative defendants.

In an April 15 filing in the U.S. District Court for the District of Maryland, plaintiff Jesse Kemp pointed to Schehrer v. Smith & Nephew Inc., in which the District of Kansas remanded a BHR hip case against S&N after finding the manufacturer failed to prove that the plaintiff had no viable claim against the sales representative.

“This ...

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