Federal Court Rejects Transfer to MDL and Remands DePuy Hip Case

KANSAS CITY, Mo. - A Missouri federal judge has remanded to state court a hip implant action against DePuy Orthopaedics Inc., rejecting DePuy's contention that the plaintiff's physician was "fraudulently misjoined" to defeat diversity jurisdiction. Proper, et al. v. DePuy Orthopaedics Inc., No. 11-0217-CV-W-SOW (W.D. Mo.).

Senior U.S. District Judge Scott O. Wright said in his May 13 ruling that because the medical defendants were not fraudulently joined, removal was improper because those parties did not give consent to removal.

Anthony and Linda Proper sued DePuy Orthopaedics and related entities in Jackson County (Mo.) Circuit Court in December 2010, alleging …