Smith & Nephew Hip Action Remanded, Surgeon Found Properly Joined

BALTIMORE — A Maryland federal judge has remanded a Smith & Nephew hip case to state court, ruling that the plaintiff has asserted viable claims of negligence against the nondiverse healthcare defendants.

In an Aug. 22 order, Judge Catherine Blake of the U.S. District Court for the District of Maryland found the plaintiff sufficiently alleged that his surgeon used the hip replacement components in an off-label manner without failing to warn him of the risks, and that he was injured as a result.

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