N.Y. Federal Judge Remands Zimmer Hip Case After Allowing Joinder of Non-Diverse Defendants

  • Order

NEW YORK - A New York federal judge remanded a Zimmer hip case to state court after adopting a magistrate judge's recommendation that the plaintiffs be permitted to add two Zimmer Inc. affiliates, thereby destroying diversity jurisdiction.

On Feb. 1, Judge Leonard D. Wexler of the U.S. District Court for the Eastern District of New York held that allowing the joinder of Zimmer New England (ZNE) and Zimmer Downstate New York (ZDNY) comports with the "principles of fundamental fairness."

Barbara Bruno underwent a total arthroplasty of her left hip, during which she was implanted with a Zimmer Versys Femoral …

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