Judge Remands S&N Hip Case, Says Nondiverse Defendants Not Fraudulently Joined

BALTIMORE — A Maryland federal judge has remanded a Smith & Nephew hip replacement action, ruling that the plaintiff has plausible claims against the nondiverse healthcare and sales representative defendants which relate to the surgeon’s off-label use of the device’s components.

On Aug. 22, Judge Catherine Blake of the U.S. District Court for the District of Maryland also rejected S&N’s argument that the claims against the nondiverse defendants are preempted by federal law.

To the extent the claims are based upon allegations that those defendants promoted the use of the hip components in a combination that was expressly prohibited …