Smith & Nephew Knee Action Time-Barred, Ohio Federal Judge Rules
January 15, 2020
DAYTON, Ohio — A lawsuit targeting a Smith & Nephew knee replacement system is time-barred because the plaintiff was aware that the device may have caused his injuries by his revision surgery yet failed to file his complaint within two years of that date, an Ohio federal judge has ruled.
In a Jan. 10 order, Judge Thomas Rose of the U.S. District Court for the Southern District of Ohio dismissed the action with prejudice.
Isaac McManus underwent a total left knee arthroplasty on Dec. 18, 2013, during which Dr. Frank R. Noyes implanted S&N’s Journey knee replacement system.
- Benesch Friedlander Coplan & Aronoff
- Fields Dehmlow & Vessels
- Marc J. Bern & Partners
- Means Bichimer Burkholder