Smith & Nephew BHR Hip Action Remanded for Lack of Diversity Jurisdiction

TOPEKA, Kan. — A Kansas federal judge has remanded a lawsuit involving Smith & Nephew’s Birmingham Hip Resurfacing System, ruling that the plaintiff has asserted viable claims under the state products liability act against a non-diverse sales representative, resulting in lack of diversity jurisdiction.

On March 1, Judge John W. Lungstrum of the U.S. District Court for the District of Kansas found the sales representative is not immune from liability under the Kansas Products Liability Act because he was allegedly involved in the sale of the hip device at issue.

Lisa Schehrer alleges she sustained injuries after being implanted with …