Plaintiffs to Appeal Dismissal of Off-Label Promotion Claims in S&N Hip Action

PHILADELPHIA — A couple plan to appeal a Pennsylvania federal judge’s dismissal of their lawsuit accusing Smith & Nephew Inc. of unlawfully encouraging surgeons to use its R3 metal liner with its R3 Acetabular hip implant system.

According to an Oct. 2 filing in the 3rd Circuit U.S. Court of Appeals, Walter and Vivian Shuker are challenging a ruling in which the U.S. District Court for the Eastern District of Pennsylvania said they failed to adequately plead that S&N affirmatively promoted the R3 metal liner for off-label use in total hip replacement procedures.

On April 29, 2009, Walter Shuker underwent …