Smith & Nephew Moves to Dismiss New Synergy 'Metal on Metal' Hip Implant Suit

JACKSONVILLE, Fla. -- Smith & Nephew Inc. has moved to dismiss a recently filed suit alleging defects in a “metal on metal” Synergy stem and hip device, saying the complaint fails to offer any facts that would establish a cause of action under Florida law.

S&N moved to dismiss Oct. 31, the same day the defendant removed the action from Duval County (Fla.) Circuit Court to the U.S. District Court for the Middle District of Florida.

The company says there is complete diversity between plaintiff Annmarie Miska, a Florida resident, and itself, a Tennessee-based company incorporated in Delaware. S&N …