Smith & Nephew Asks BHR MDL Judge to Make Preemption Ruling Appealable

BALTIMORE — Smith & Nephew Inc. has asked the Maryland federal judge overseeing the Birmingham Hip Resurfacing MDL docket to make appealable a ruling in which she held that claims relating to the BHR-THA and R3-THA systems and components are not preempted.

In a Sept. 13 motion, S&N argues that the ruling “resolves a controlling question of law which there is a substantial ground for difference of opinion. The company added that “an immediate appeal from the order may materially advance the ultimate termination of the litigation.”

“Further, exceptional circumstances support immediate review so that the 4th Circuit may provide …