Smith & Nephew Moves for Summary Judgment in Surgeon’s Birmingham Hip Suit

SAN DIEGO — Smith & Nephew has moved for summary judgment in a California’s surgeon’s $2.2 million indemnity suit, saying the claims are expressly preempted by the Medical Device Amendments of 1976.

The maker of the Birmingham Hip Resurfacing System filed its motion Aug. 29, disputing any liability for injuries to an implant patient whose femoral artery was cut during hip replacement surgery.

The patient filed a malpractice action against David J. Chao, M.D., an orthopedic surgeon and also the team physician for the San Diego Chargers professional football team and was awarded $2.2 million by an arbitration panel. Chao …