Plaintiff Urges MDL Court to Remand Smith & Nephew Hip Case to Texas State Court

BALTIMORE — A plaintiff is urging a multidistrict litigation court to remand his action targeting Smith & Nephew’s multi-component metal-on-metal hip implant system to Texas state court, arguing that he has asserted viable claims against the non-diverse healthcare and sales representative defendants.

In a Feb. 11 renewed motion to remand filed in the U.S. District Court for the District of Maryland, the plaintiff asserts there is no federal jurisdiction for the medical negligence and products liability/sales rep misrepresentation action.

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