BHR Hip Plaintiffs Seek to Compel Production of Smith & Nephew Presentation

BALTIMORE — Plaintiffs in the Birmingham Hip Resurfacing hip implant litigation have asked a Maryland federal judge to compel Smith & Nephew to produce a copy of a PowerPoint presentation to its board of directors concerning its metal-on-metal hip products.

In a March 22 motion, plaintiffs argued that S&N has waived its right to assert attorney-client privilege over the presentation, entitled “Metal-on-Metal: State of the Evidence,” and related documents because the manufacturer has already produced the documents six times, and clawed them back each time.

In an earlier discovery request, plaintiffs sought production of the PowerPoint presentation and related documents. …