Texas Man Opposes Stay of Hip Case Pending Possible MDL Inclusion

BEAUMONT, Texas — A Texas man has opposed Smith & Nephew’s motion to stay an action involving its multi-component metal-on-metal hip implant system pending possible inclusion in a multidistrict litigation proceeding, arguing that his petition to remand should be decided first.

In a Nov. 17 opposition filed in the U.S. District Court for the Eastern District of Texas, the plaintiff says he would be severely prejudiced by a stay because significant discovery has already taken place in the state court. Moreover, granting a stay “would ignore the foundational rules governing federal court jurisdiction,” the plaintiff maintains.

Texas resident Jesse Kemp …