STORY FROM: Hip & Knee Implant Litigation

S&N Says Claims in Ill. Federal Hip Replacement Action Are Time-Barred

PEORIA, Ill. — Smith & Nephew Inc. has moved for summary judgment in an Illinois federal hip replacement action, asserting that the plaintiff knew she had a claim against the manufacturer as early as July 4, 2010, yet waited until May 2014 to file suit.

In a motion filed in the U.S. District Court for the Central District of Illinois, S&N maintains that under Illinois law, product liability claims must be brought within two years, and breach of warranty claims must be filed within four years. In the instant case, the plaintiff filed her claims after both statutes of limitations ...

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