S&N Moves to Dismiss 55 Complaints in BHR MDL as Time-Barred

BALTIMORE — Smith & Nephew Inc. has moved a Maryland federal judge to dismiss 55 Birmingham Hip Resurfacing complaints as untimely, arguing they were filed in the BHR MDL years after the plaintiffs’ revision surgeries and after the applicable statute of limitations had run.

In the June 20 motion filed before Judge Catherine Blake of the U.S. District Court for the District of Maryland, S&N says many of the plaintiffs in the cases at issue waited to file suit until after the MDL was created “in hopes of obtaining a recovery without the individual merit of their case being scrutinized …