S&N Urges Minn. Federal Judge to Levy Sanctions in S&N Knee Replacement Action

MINNEAPOLIS — Smith & Nephew is urging a Minnesota federal judge to award it $4,725 in sanctions in a knee replacement action, arguing that the plaintiff’s baseless motion for remand, which he later withdrew, caused the company to incur unnecessary expenses.

In a March 19 motion filed before Judge Donovan Frank of the U.S. District Court for the District of Minnesota, S&N seeks repayment of fees it paid to respond to plaintiff Wayne Marshall’s 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 …