Inadequate Warning Claim Survives Dismissal Motion in Smith & Nephew Hip Case
September 8, 2020
COLUMBUS, Ohio — An Ohio federal judge has allowed an inadequate warning claim to proceed against Smith & Nephew in a case targeting its Verilast hip replacement device, ruling that the plaintiff has adequately pled that the manufacturer knew or should have known that the product was unsafe, but failed to warn his surgeon.
However, in the Sept. 4 order, Judge Matthew McFarland of the U.S. District Court for the Southern District of Ohio dismissed the plaintiff’s remaining claims with prejudice, finding they are inadequately pled.
Harry Grubbs underwent total hip arthroplasty surgery in early 2017, during which he was …