S&N Urges BHR Hip MDL Judge to Limit Scope of Plaintiffs’ Ex Parte Contacts with Surgeons

BALTIMORE — Smith & Nephew Inc. is urging the judge presiding over the BHR hip implant MDL to limit the scope of contacts between plaintiffs’ surgeons and plaintiffs’ counsel “to prevent ex parte discussions of certain liability issues.”

In a June 1 reply filed in the U.S. District Court for the District of Maryland, S&N argues that have conceded that they will use ex parte meetings with third-party physicians “to engage in one-sided advocacy designed to develop deposition and trial testimony beneficial to plaintiffs.”

Plaintiffs maintain that they are entitled to communicate with surgeons and treating doctors regarding medical care, …