BHR Hip MDL Judge Excludes Expert Testimony as to Preempted Claims

BALTIMORE — The judge overseeing the federal Smith & Nephew Birmingham Hip Resurfacing (BHR) MDL docket has excluded certain expert opinions that relate to claims already deemed preempted, such as testimony that relates to the Premarket Approval process and challenges the sufficiency of the device’s labeling.

However, in the March 1 order, Judge Catherine C. Blake of the U.S. District Court for the District of Maryland allowed testimony that Smith & Nephew failed to make adequate disclosures in its required annual reports after receiving premarket approval, explaining that such opinions may be relevant to a failure-to-warn claim that is not …