Court Sanctions Smith & Nephew for Failure to Have In-Person Representative at Mediation

DALLAS — A federal judge has adopted a magistrate’s findings and assessed Smith & Nephew $4,525 in attorneys’ fees for the company’s failure to send a representative to a mediation session with authority to approve a settlement of a knee implant suit.

Judge Jane J. Boyle followed her May 6 decision with an order May 9 denying the defendant’s request for instructions on how to proceed, given the parties’ dispute over whether a settlement offer was made by plaintiffs and accepted by the defendant. Judge Boyle noted that the court has already ordered a second mediation session.

Plaintiff Willie Wilson …