Judge Allows Early Implant Plaintiffs’ Claims to Proceed in BHR Hip MDL

BALTIMORE — The judge overseeing the MDL docket for Birmingham Hip Resurfacing Device (BHR) cases has denied Smith & Nephew summary judgment on claims filed by plaintiffs who were implanted before October 2009, ruling that such a “one-size-fits-all” approach would prematurely resolve the claims without the benefit of case-specific discovery.

In a July 13 order, Judge Catherine Blake of the U.S. District Court for the District of Maryland said those “early implant” plaintiffs have provided enough evidence for a jury to consider whether, and to what extent, S&N knew about the risks of the BHR before October 2009.