9th Cir. Reinstates BHR Hip Lawsuit Against Smith & Nephew

PHOENIX — A federal appeals court has reinstated a Birmingham Hip Resurfacing action against Smith & Nephew, ruling that the plaintiff adequately alleged failure to warn under Arizona law and that the claim survives a preemption analysis.

In a June 13 memorandum, the 9th Circuit U.S. Court of Appeals further held that while the plaintiff’s manufacturing defect allegations fail to state a plausible claim for relief, they are not preempted and could survive a dismissal motion if amended.

In 2008, Lori Spellman underwent implantation of S&N’s BHR system in both hips. She underwent revision of her right hip in 2014 …