Ohio Federal Judge Dismisses Trade, Sales Practices Claims in Smith & Nephew MoM Hip Suit

COLUMBUS, Ohio — An Ohio federal judge has dismissed claims brought under the Ohio Deceptive Trade Practices Act and the Ohio Consumer Sales Practices Act in an action involving Smith & Nephew’s MoM Hip System, ruling the plaintiffs lack standing.

In the March 10 order, however, Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio allowed the plaintiffs to replead their claim for implied warranty in accordance with Ohio Revised Code §1302.27.

Lori Smith was implanted with a Smith & Nephew "R3 Acetabular System with a metal liner components" in each of her hips. …