STORY FROM: Hip & Knee Implant Litigation

Ariz. Smith & Nephew Birmingham Hip Resurfacing Action Dismissed Without Prejudice

PHOENIX — An Arizona federal judge has dismissed without prejudice a Birmingham Hip Resurfacing action filed against Smith & Nephew, ruling that the plaintiff failed to adequately assert facts supporting her allegations that the manufacturer violated federal regulations.

However, in the Sept. 24 order, Senior Judge John Sedwick of the U.S. District Court for the District of Arizona allowed the plaintiff to amend her complaint to cure the noted deficiencies.

In 2008, Lori Spellman underwent implantation of S&N’s BHR system in both hips. She underwent revision of her right hip in 2014 “due to right hip pain,” and her doctor ...

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