Texas Plaintiff Moves to Remand Hip Case, Says Healthcare Defendants Properly Joined

BEAUMONT, Texas — A Texas man has moved to remand his action against Smith & Nephew Inc. involving its multi-component metal-on-metal hip implant system, arguing that the company failed to obtain consent from the other defendants before removing the case.

In a Nov. 16 motion to remand filed in the U.S. District Court for the Eastern District of Texas, the plaintiff further argues that the non-diverse healthcare defendants were properly joined because they negligently implanted him with the unapproved combination of metal components.

Texas resident Jesse Kemp underwent a left total hip arthroplasty (THA) surgery on Nov. 16, 2011, during …