STORY FROM: Drugs & Medical Devices
12 BHR Hip MDL Lawsuits Dismissed as Time Barred Under Calif. Law
November 1, 2019
BALTIMORE — A Maryland federal judge has dismissed 12 Smith & Nephew Birmingham Hip Resurfacing cases as time barred under California law, finding that each plaintiff was aware of a potential cause of action, thereby triggering the state’s two-year limitations period.
In an Oct. 16 order, Judge Catherine Blake of the U.S. District Court for the District of Maryland explained that on the face of the amended complaints, “it is clear that each California plaintiff contacted an attorney about potential claims related to the BHR device more than two years prior to the filing of his or her complaint.”