STORY FROM: Drugs & Medical Devices

Md. Federal Judge Dismisses 12 Complaints as Time-Barred in BHR Hip MDL; Allows Remaining Cases to Proceed

BALTIMORE — A Maryland federal judge has dismissed 12 complaints filed against Smith & Nephew in the Birmingham Hip Resurfacing multidistrict litigation, ruling they are time-barred under the applicable statutes of limitation.

However, in the Nov. 19 order, Judge Catherine Blake of the U.S. District Court for the District of Maryland denied the motion as to the remaining cases, ruling that further discovery is needed to determine whether the discovery rule tolled the respective limitations periods.

On June 20, S&N moved to dismiss 55 BHR claims as untimely, arguing they were filed in the BHR MDL years after the plaintiffs’ ...

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Dykema Gossett
Irwin Fritchie Urquhart & Moore
Jenner Law
Jones Ward
Meshbesher & Spence
Sidley Austin

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