STORY FROM: Hip & Knee Implant Litigation
Plaintiff Asserting Claims Against Smith & Nephew Opposes Motion for Summary Judgment
December 14, 2016
PEORIA, Ill. –– A plaintiff with claims pending against Smith & Nephew in an Illinois federal court has opposed recent efforts to dismiss her lawsuit as untimely, saying that she had no reason to know that she was wrongfully injured by the defendant until more than two years after the revision surgery occurred.
In the Dec. 2 opposition brief filed in the U.S. District Court for the Central District of Illinois, the plaintiff said that, under Illinois law, the statute of limitations period does not begin to run until the plaintiff knows, or reasonably should know, the cause of the ...