Texas Man Says Smith & Nephew Hip Case Belongs in State Court

BALTIMORE — A Texas man is urging a Maryland federal judge to remand his action targeting Smith & Nephew’s 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 an Aug. 8 filing in the U.S. District Court for the District of Maryland, plaintiff Jesse Kemp pointed to the court’s recent order in the BHR hip multidistrict litigation that S&N can be held liable for off-label promotion of a medical device irrespective of whether the device received premarket approval or 510(k) clearance.

“That conclusion paves …