Plaintiff Appealing Summary Judgment Award in N.Y. Hip Action

ALBANY, N.Y. — The plaintiffs in a hip replacement action are appealing a New York federal judge’s award of summary judgment to Smith & Nephew Inc., in which she found that the plaintiffs failed to present admissible expert testimony that the device was defective and accompanied by inadequate warnings.

Plaintiffs Chester Krom and his wife filed a notice of appeal with the 2nd Circuit U.S. Court of Appeals on July 27.

The Kroms are challenging a July 11 order in which Judge Anne Nardacci of the U.S. District Court for the Northern District of New York excluded the expert …