STORY FROM: Hip & Knee Implant Litigation

Va. Federal Judge Remands DePuy Hip Case, Says Conversion Claims Viable

DANVILLE, Va. — A Virginia federal judge has remanded a DePuy hip replacement action to state court, ruling that the plaintiff has a possibility of succeeding on claims in which she accuses the non-diverse defendants of refusing to provide her with explanted pieces of her device following revision surgery.

In a May 8 order, Judge Elizabeth K. Dillon of the U.S. District Court for the Western District of Virginia further held that the non-diverse defendants were not fraudulently misjoined, because the claims against them are inextricably entwined with those against the out-of-state defendants.

Susan Cardoza was implanted with a ...

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Hancock Daniel & Johnson
LeClair Ryan
Skadden Arps Meagher & FLom
Williams Mullen
Young Haskins Mann & Gregory

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