STORY FROM: Drugs & Medical Devices

Md. Federal Judge Refuses to Reinstate BHR Hip Action

BALTIMORE — A Maryland federal judge has refused to reinstate a Smith & Nephew Birmingham Hip Resurfacing case, ruling that the plaintiff’s continued failure to file a complete fact sheet constitutes inexcusable neglect warranting dismissal of his case with prejudice.

On Nov. 26, Judge Catherine C. Blake U.S. District Court for the District of Maryland noted that the plaintiff “offers no justification at all for his lack of compliance with the court’s orders,” and that his PFS remains incomplete.

Pursuant to Case Management Order No. 8, Bryan Oliver’s PFS was due on Jan. 31, 2019. The PFS was never submitted, ...

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