Smith & Nephew Inc. Opposes Creation of MDL Docket for Birmingham Hip Resurfacing, R3 Metal-on-Metal Liner Cases

WASHINGTON, D.C. –– Smith & Nephew Inc. has opposed the creation of an multidistrict litigation docket for claims relating to its Birmingham metal-on-metal hip resurfacing and total hip replacement constructs including the R3 metal liner, contending that the hip implants are subject to different regulatory regimes.

In the Feb. 22 opposition brief filed in the U.S. Judicial Panel on Multidistrict Litigation docket, the defendants said that the BHR was subject to FDA premarket approval, while the R3 metal liner cases involve PMA and 510(k)-cleared components.

“Because of this key difference, court opinions addressing federal preemption have significantly narrowed or dismissed …