STORY FROM: Drugs & Medical Devices

Ill. Court Declines to Award Summary Judgment to Smith & Nephew in R3 Acetabular Case

PEORIA, Ill. –– An Illinois federal court has declined to award summary judgment to Smith & Nephew in a case involving its R3 Acetabular System, finding that the plaintiffs did not circumvent prior court-ordered expert disclosure deadlines by voluntarily dismissing the case.

In the May 24 opinion, the U.S. District Court for the Central District of Illinois noted that the plaintiffs had negotiated the terms of the prior dismissal with the defendant and “to construe that stipulation now as adding the unstated condition that a refiled case would start off where the last one ended would give the Defendant a ...

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