Texas Court Remands Hip Implant Suit, Finds Plaintiffs Could Recover Damages Against Sales Rep

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 …