Smith & Nephew Says Plaintiff’s Failure to Serve Complete PFS Warrants Dismissal

BALTIMORE — Smith & Nephew Inc. has opposed a plaintiff’s request to reinstate his Birmingham Hip Resurfacing case, arguing that his continued failure to file a substantially complete plaintiff’s fact sheet constitutes inexcusable neglect warranting dismissal of his case with prejudice.

In a Nov. 6 motion filed in the U.S. District Court for the District of Maryland, the company contends that plaintiff “offers no justification at all for his lack of compliance with the court’s orders,” and that his PFS remains incomplete.

Pursuant to Case Management Order No. 8, Bryan Oliver’s PFS was due on Jan. 31, 2019. The PFS …