Birmingham Hip Resurfacing (BHR) System manufacturer Smith & Nephew PLC appealed to a Maryland federal court to dismiss 55 claims from the federal MDL stating the statute of limitation has expired on those cases.
Each patient involved in the claim was meant to file a case within a stipulated time from the date of their surgery. The manufacturer insisted that the patients were not eligible to fight the case considering they had missed the time period allotted to file the lawsuit against the company.
Several Birmingham Hip Replacement lawsuits are federally-filed against Smith & Nephew, 140 of which have been combined into a major federal litigation. Hip replacement lawsuits continue to be filed under a related hip litigation involving Stryker Hip Replacement lawsuits, centralized before U.S. District Judge Indira Talwani under MDL No. 2768 – in Re: Stryker LFIT V40 Femoral Head Products Liability Litigation.
