STORY FROM: Drugs & Medical Devices
BHR Hip Plaintiffs Seek In Camera Review of MOM Leadership Team Documents
February 27, 2020
BALTIMORE — Plaintiffs in the Smith & Nephew BHR hip MDL seek in camera review of documents created by or for the Metal-on-Metal Leadership Team, which they say reveal discussions of decision-making regarding MOM hips, including the performance of the devices and post-market surveillance activities.
In a Feb. 15 motion filed before Judge Catherine Blake of the U.S. District Court for the District of Maryland, the plaintiffs maintain that the documents, which S&N produced and then clawed back, “cannot be unilaterally and entirely shielded from production based on the attorney-client privilege, as they were not prepared by attorneys.”