Zimmer Durom Cup MDL Court Rejects Liability for Arkansas Sales Rep

NEWARK, N.J. — The federal judge presiding over the coordinated Zimmer (NYSE:ZMH) Durom Cup hip implant litigation has denied remand to an Arkansas plaintiff on lack-of-diversity grounds after concluding that Arkansas law would not impose liability on the in-state sales representative.

Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey issued the unpublished opinion Sept. 3, adopting the Report and Recommendation of Magistrate Judge Madeline Cox Arleo in the case brought by plaintiff David Foscue against Zimmer Inc.

Foscue says that he received a Durom Cup implant on March 18, 2009, but that …