STORY FROM: Hip & Knee Implant Litigation
S&N Moves to Dismiss Claims in 34 BHR Hip Track Complaints as Untimely
September 27, 2019
BALTIMORE — Smith & Nephew Inc. has moved to dismiss as time-barred virtually all of the claims asserted in 34 Birmingham Hip Resurfacing complaints on the federal multidistrict litigation docket, arguing that 15 of them are untimely under Alabama, Michigan and New York law.
In an Aug. 30 motion filed in the U.S. District Court for the District of Maryland, S&N further argued that 23 of the complaints are untimely pursuant to plaintiffs’ acknowledgement that their claims accrued no later than Sept. 10, 2015, or the date of their revision surgeries.
However, at this time, S&N does not ...