Smith & Nephew Awarded Summary Judgement in BHR Case
August 1, 2016 A Wisconsin federal judge has awarded Smith & Nephew Inc. summary judgment in a case involving its Birmingham Hip Resurfacing implant, finding the plaintiffs failed to present expert testimony that the device was defective.
What is a Summary Judgement:
A final decision by a judge, upon a party’s motion, that resolves a lawsuit before there is a trial. The party making the motion marshals all the evidence in its favor, compares it to the other side’s evidence, and argues that there are no “triable issues of fact.” Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for the opposing party to prevail if the matter were to proceed to trial.