Smith & Nephew Hip Action Untimely Under Statute of Repose, Tenn. Court Affirms

JACKSON, Tenn. — The Tennessee Court of Appeals has refused to reinstate a Smith & Nephew hip replacement action, ruling the plaintiff’s claims are time-barred under the state’s 10-year statute of repose and that it does not contain exceptions for latent diseases and fraudulent concealment.

In a March 14 order, the appellate panel explained that it is not a legislative body and therefore cannot create two new exceptions to the statute.

Dolores Jones underwent a left total hip replacement on Jan. 12, 2009, during which her surgeon implanted S&N’s metal-on-metal hip system. The metal-on-metal bearing surface allegedly caused a gradual …