La. Plaintiff Fails in Bid to Remand Plastic Tibial Insert Case to State Court
December 27, 2011
NEW ORLEANS - A Louisiana federal judge denied a motion to remand a case in which a plaintiff alleges that tibial inserts made by Johnson & Johnson and DePuy Orthopaedics were subject to premature failure. Daniels v. Touro Infirmary, et al., No. 11-1586 (E.D. La.).
U.S. District Judge Ivan L.R. Lemelle said that movant James Daniels Jr. failed to exhaust his administrative remedies against in-state defendant Touro Infirmary, and that he was unlikely to prevail on a negligence claim against the product's Louisiana distributor.
James Daniels Jr. sued Touro Infirmary, where the surgery was performed, manufacturers Johnson & Johnson and …