Smith & Nephew Urges MDL Judge to Dismiss BHR Hip Claims as Preempted

  • Reply

BALTIMORE - Claims in the Birmingham Hip Resurfacing MDL are preempted because they require a ruling that the device should have been designed, manufactured, tested or labeled differently from the manner approved by the FDA, Smith & Nephew contends in support of its motion to dismiss plaintiffs' master and short form complaints.

In its Jan. 9 reply filed in the U.S. District Court for the District of Maryland, S&N maintains that its motion is ripe for resolution because plaintiffs' claims would impose state-law requirements different from and in addition to the federal requirements imposed on the BHR device through the …

  • Dykema Gossett
  • Irwin Fritchie Urquhart & Moore
  • Janet Jenner & Suggs
  • Jones Ward
  • Meshbesher & Spence
  • Sidley Austin


HarrisMartin's Webinar Series: Midwest Asbestos Litigation

December 02, 2020 - Haddonfield, NJ
HarrisMartin Webinar Series