4th Cir. Upholds Dismissal of BHR Hip Claims as Time-Barred

BALTIMORE — A federal appeals court has refused to reinstate a lawsuit filed against Smith & Nephew in the Birmingham Hip Resurfacing multidistrict litigation, affirming that it is time-barred under the applicable statutes of limitation.

On Oct. 22, the 4th Circuit U.S. Court of Appeals agreed with the trial court that KimberLee and Douglas Aitcheson’s claims were untimely because they were filed after the limitations period expired, and that the limitations period was not tolled by S&N’s allegedly fraudulent acts.

In June 2018, S&N moved to dismiss 55 BHR claims pending in the U.S. District Court for the District of …