Smith & Nephew filed a motion for a Maryland federal court to dismiss 55 of the 200 suits in a multidistrict litigation, according to Law 360.
Here are five details:
1. The device manufacturer claims the statue of limitations expired on the 55 suits, which allege the company misrepresented the safety of its Birmingham Hip Resurfacing hip implant device.
2. The multidistrict litigation alleges friction from the device's metal parts can cause metallic debris to accumulate in the bloodstream, resulting in complications. These patients allege Smith & Nephew failed to report the complaints and complications from the device to the FDA.
3. Along with its motion to dismiss the cases, the federal judge Catherine Blake clarified her March ruling that granted the company to dismiss certain cases. The judge allowed Smith & Nephew to dismiss suits claiming manufacturing defects.
4. Smith & Nephew recalled the Birmingham Hip Resurfacing device back in 2007 due to labeling issues.
5. The device manufacturer again recall the device in 2015 following recalls from competitors over similar devices. Smith & Nephew voluntarily recalled the device in 2015 after becoming aware of high failure rates in patients 65 years and older.