Judge Remands Hip Implant Case, Says Nondiverse Distributor Could be Held Liable

CLEVELAND — An Ohio federal judge has remanded a case in which a Montana man says his heavy metal poisoning was caused by two DePuy hip replacement devices, ruling that he stated a plausible claim against the nondiverse distributor defendant and its sales representative.

In a Nov. 18 order, Judge Jeffrey Helmick of the U.S. District Court for the Northern District of Ohio ruled that defendant KB Orthopedics was more than just a “deliveryman” and could be held strictly liable under Montana law.

In 2006, Keith McGuire underwent hip replacement surgery on his left hip, receiving a DePuy ASR XL …