Hip & Knee Implant Litigation
With HarrisMartin's Hip & Knee Implant Litigation Report, you will be the first to know about critical developments in these emerging areas of medical device litigation. The report includes coast-to-coast coverage of Zimmer NexGen Knee, Durom Cup Hip, DePuy ASR and Pinnacle Hip, Wright Medical Technology Hip, Smith & Nephew R3 Hip and Journey Knee, Biomet M2a Magnum Hip, Stryker Rejuvenate, ABG II and Trident Hip and Triathlon Knee, and other developing orthopedic device cases. Click Here to Subscribe Now).
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The judge overseeing the federal DePuy ASR hip implant MDL docket has issued an order to show cause for plaintiffs who have not undergone revision surgery and have so far opted to continue with litigation.
A federal appeals panel has remanded 12 DePuy ASR hip cases filed by Spanish citizens and directed an Ohio federal judge to consider dismissing them for lack of diversity jurisdiction.
Issue #106, March 2020
A Maryland federal judge has agreed to reconsider her refusal to reinstate a lawsuit targeting Smith & Nephew Inc.’s Birmingham Hip Resurfacing implant, noting that the plaintiff has submitted proof that defense counsel had been served with the authorization required as part of the plaintiff’s fact sheet (PFS).
Plaintiffs in the Zimmer M/L Taper hip multidistrict litigation have asked a New York federal judge to schedule the first bellwether trial for May 3, 2021, noting that it gives seven weeks between dispositive and evidentiary motion practice and the commencement of trial.
Smith & Nephew is urging a Minnesota federal judge to award it $4,725 in sanctions in a knee replacement action, arguing that the plaintiff’s baseless motion for remand, which he later withdrew, caused the company to incur unnecessary expenses.
The Maryland federal judge overseeing the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation docket has notified the parties that all non-emergency proceedings for two weeks have been postponed due to COVID-19 concerns.
Wright Medical Technology Inc. has objected to a Delaware federal magistrate’s recommendation that a plaintiff’s failure to identify the hip replacement components he received is not fatal to his action and can be cured by amendment.
An Ohio federal judge has dismissed a Stryker hip implant action for lack of personal jurisdiction, explaining that the plaintiff failed to adequately support her claim that the court has jurisdiction under Ohio’s long-arm statute.
A Pennsylvania federal judge has ordered a bifurcated trial in a Zimmer uni-modular hip implant system action, with the first trial focused upon the statute of limitations, and the second on the merits.
A Maryland federal judge has consolidated two Biomet M2a Magnum Hip System cases for trial, concluding that there are common questions of fact and law in the cases, and consolidation will not prejudice Biomet.