STORY FROM: Hip & Knee Implant Litigation

Md. Federal Judge Denies BHR Plaintiffs’ Motion to Compel Legal Advice Documents

BALTIMORE — Documents containing legal advice to Smith & Nephew Inc.’s board of directors concerning metal-on-metal hip implants are shielded by the work product doctrine and attorney-client privilege because they were prepared in anticipation of litigation, a Maryland federal judge has ruled.

In a May 31 order, Judge Catherine C. Blake of the U.S. District Court for the District of Maryland denied plaintiffs’ motion to compel production of a briefing document, board of director meeting minutes, and a PowerPoint presentation presented to S&N’s board of directors.

In 2012, litigation was both pending and anticipated against S&N relating to its metal-on-metal ...

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