S&N Seeks Rule 11 Sanctions in Minn. Federal S&N Knee Replacement Action

MINNEAPOLIS — Smith & Nephew has moved for sanctions in a knee replacement action, arguing that the plaintiff’s baseless motion for remand, which he later withdrew, caused S&N to incur unnecessary expenses in responding to the motion.

In a Feb. 5 letter motion filed before Judge Donovan Frank of the U.S. District Court for the District of Minnesota, S&N seeks repayment of $4,725 in fees expended to respond to the motion to remand.

Wayne Marshall underwent a unicondylar knee arthroplasty on July 2, 2012, to treat medial osteoarthritis in his right knee. His surgeon, Dr. Michael Wengler, implanted a Smith …