Calif. Court Upholds Summary Judgment for Smith & Nephew in Hip Implant Case

LOS ANGELES — A California appellate panel has upheld an award of summary judgment to Smith & Nephew Inc. in a hip replacement action, finding the plaintiff’s failure-to-warn claim fails because his surgeon was aware of the device’s risks.

In an Oct. 29 opinion, the California Appeals Court, 2nd District, further affirmed that the plaintiff failed to show that his device was defectively manufactured, noting it had been checked twice before being implanted.

Wayne Gall underwent hip resurfacing surgery on March 28, 2011, during which his surgeon, Dr. Jamie Hernandez, implanted an S&N metal-on-metal hip implant device. Following the surgery, …