Smith & Nephew Denied Summary Judgment on Misrepresentation Claims in BHR Hip Cases

BALTIMORE — The Maryland federal judge overseeing the Birmingham hip resurfacing MDL docket has denied Smith & Nephew’s motion for summary judgment in cases filed by male patients whose femoral head size was 50 mm or larger, ruling they may have viable misrepresentation claims.

In a Feb. 28 order, Judge Catherine C. Blake of the U.S. District Court for the District of Maryland noted the plaintiffs proffered expert opinions identifying subgroups of the male large femoral head size population for whom there is an increased risk of revision.

Judge Blake previously ruled that only certain categories of claims can, …