STORY FROM: Drugs & Medical Devices

N.J. Appeals Court Reinstates Portion of Smith & Nephew Skin Wipes Action, Says Claims Timely

NEWARK, N.J. — A New Jersey appeals court has reinstated in part a personal injury action involving Smith & Nephew’s protective skin wipes, ruling that to the extent it involves wipes included in the manufacturer’s August 2011 recall, it is timely.

In a Feb. 16 order, the New Jersey Appellate Division explained that S&N’s May 3, 2011, recall notice identified distinctly different batches of its product than the Aug. 1, 2011, recall notice. The discovery rule was triggered by the May 3 and Aug. 1, 2011, recall notices, the appellate court found; therefore any injuries resulting from use of the ...

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Ginsberg & O'Connor
Goodwin Procter

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