Conn. Federal Judge Refuses to Remand Hip Replacement Lawsuit, Says Claims Against Nondiverse Healthcare Defendant Fail

HARTFORD, Conn. — A Connecticut federal judge has refused to remand a hip replacement action brought against Smith & Nephew Inc. and a nondiverse hospital, ruling that the plaintiff has not brought a cognizable claim against the hospital.

On May 27, Senior Judge Warren Eginton of the U.S. District Court for the Eastern District of Connecticut found the negligent credentialing claim against the hospital is time-barred and that the Unfair Trade Practices Act claim fails because it does not apply to the entrepreneurial aspect of the hospital’s billing or business solicitation.

Connecticut resident Roxanne Lafountain underwent two hip replacement surgeries …