Williams et al v. Smith & Nephew Inc.

Filing 654

MEMORANDUM. Signed by Judge Catherine C. Blake on 2/28/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk)

Case 1:14-cv-03138-CCB Document 654 Filed 02/28/22 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

IN RE SMITH & NEPHEW BIRMINGHAM

MDL No. 2775

HIP RESURFACING(BHR)HIP IMPLANT

Master Docket No. 1:17-2775

PRODUCTS LIABILITY LITIGATION

JUDGE CATHERINE C. BLAKE
This Document Relates to:
All BHR-track cases

MEMORANDUM

Among the plaintiffs in the Birmingham Hip Resurfacing(BHR)track of this hip
implants product liability MDL are approximately 175 male patients who received BHR implants
where the femoral head size was 50 mm or larger. Smith & Nephew now seeks summary

judgment in all those cases on the basis that the plaintiffs have no expert testimony to support
their remaining claims. For the reasons explained below, the court will grant the motion as to
claims based on failure to warn the FDA; negligence and negligence per se claims based on

failure to report, failure to train surgeons, and false advertising; and claims for punitive damages.
The motion will be denied as to claims based on misrepresentations or breach of express
warranty, because a fact-specific analysis of each case would be required.
BACKGROUND

Familiarity with prior rulings in this case, including the court's analysis of the preemption
protection provided to Class III medical devices which have received PMA approval from the

FDA,is assumed.' In 2006, the FDA granted pre-market approval to Smith & Nephew for the

' See, e.g.y In re: Smith & Nephew Birmingham Hip Resurfacing(BHR)Hip Implant Products Liability Litigation,
300 F. Supp. 3d 732, 740(D. Md. 2018)(granting in part and denying in part Smith & Nephew's motion to
dismiss, finding the plaintiffs' strict liability claims preempted but allowing traditional state law claims to
proceed); In re: Smith <& Nephew Birmingham Hip Resurfacing(BHR) Hip Implant Products Liability Litigation,
I

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