Smith & Nephew Awarded Summary Judgment in Md. Federal Hip Action

BALTIMORE — A Maryland federal judge has awarded Smith & Nephew summary judgment in an action targeting its Birmingham Hip Resurfacing Device, ruling the plaintiff failed to show that the manufacturer negligently misrepresented the risks of increased metal ions levels and revision surgery.

On May 17, Judge Catherine C. Blake further found the negligent failure-to-warn claim fails because the plaintiff did not proffer evidence that S&N’s failure to inform the FDA of adverse events caused her injuries.

Illinois resident Marla Hand had problems with her right hip beginning in the late 1990s and was diagnosed with hip dysplasia. She …