Statement in Original Complaint Does Not Render Hip Case Untimely, Judge Rules

NEW YORK — A New York federal judge has refused to dismiss a Zimmer hip action, ruling that the plaintiff’s statement in his original complaint regarding when he felt pain, which was later omitted in his amended pleading, does not render the action time-barred.

In an Oct. 22 order, Judge Brian M. Cogan of the U.S. District Court for the Eastern District of New York ruled that the brief statement in the original complaint, while admissible, is not sufficient to dismiss the amended complaint.

Bryant Delamore, a prisoner acting pro se, alleged his Zimmer hip replacement device failed because it …