Motions to Exclude Expert Testimony Addressed in BHR Hip MDL
October 16, 2023
BALTIMORE — The judge overseeing the Smith & Nephew Birmingham Hip Resurfacing MDL docket has addressed the parties’ motions to exclude expert testimony, ruling that plaintiffs’ experts may opine that use of a BHR acetabular cup or R3 metal liner in combination with a modular femoral head is unreasonably dangerous, and that S&N should have warned surgeons regarding off-label promotion.
In the Oct. 12 order, Judge Catherine Blake of the U.S. District Court for the District of Maryland further ruled that S&N’s experts may offer opinions concerning the utility of registry data, the general availability of information about the dangers …
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