N.J. Federal Judge Dismisses Smith & Nephew Knee Action With Leave to Amend
May 21, 2021
TRENTON, N.J. — A New Jersey federal judge has dismissed without prejudice a Smith & Nephew Total Knee System lawsuit, ruling that the plaintiff failed to identify how the product warnings were insufficient, did not point to a feasible alternative design, and did not allege how the device deviated from the manufacturer’s specifications.
However, in the May 19 order, Judge Freda Wolfson of the U.S. District Court for the District of New Jersey held that the plaintiff may amend her claims to cure the identified defects.
Anne Stich underwent a total knee arthroplasty to her right knee on Oct. 17, …