Utah Federal Judge Dismisses Smith & Nephew Hip Implant Case, But Allows Plaintiffs to Amend Pleading

SALT LAKE CITY — A Utah federal judge has dismissed a lawsuit filed against Smith & Nephew Inc. in connection with its Birmingham Hip Resurfacing System, ruling that the plaintiffs failed to plead their claims with the required specificity.

However, in the Dec. 1 order, Judge Jill N. Parrish of the U.S. District Court for the District of Utah granted the plaintiffs’ motion to amend their complaint to identify with specificity the state law duties that allegedly parallel the federal requirements for the device.

In 2007, Heidi Marion underwent a resurfacing procedure to repair arthritic damage to her left hip, …