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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An Arkansas federal judge has ordered the parties in a Biomet M2a Magnum hip implant case to present arguments as to why the case should not be transferred to a more convenient forum pursuant to 28 U.S.C. Section 1404(a).
A California man has sued Arthrex Inc., accusing it of misrepresenting the safety and efficacy of its SwiveLock shoulder implant system, and failing to adequately test the device before aggressively marketing it to surgeons.
A Michigan federal judge has refused to reconsider her denial of Medtronic’s summary judgment motion in a case accusing it of fraudulently misrepresenting the safety of a spinal cord stimulator to a patient with known latex and rubber allergies.
A Massachusetts federal judge has ordered Wright Medical Technology Inc. to produce cloned discovery in a case involving a fractured ProFemur Plus CoCr Modular Neck component that was generated in other cases involving fractures of the same device.
The judge overseeing the M2a Magnum Hip multidistrict litigation docket has denied Biomet’s motion for summary judgment on statute of repose grounds in seven cases, ruling that a North Carolina court should decide the issue because it potentially presents questions of first impression.
Issue #90, December 2018
The Indiana federal judge overseeing the Biomet M2a Magnum hip multidistrict litigation docket has remanded or transferred 11 cases included in Proposed Remand/Transfer Group 2 to their home venues.
A walking boot manufacturer has moved to dismiss a putative class action accusing it of fraudulently concealing the device’s risks, arguing that the plaintiff failed to plead his claims with the particularity required by Rule 9(b).
According to a recent submission by Smith & Nephew Inc., there are 505 active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.
An Indiana federal judge has refused to award Biomet summary judgment on product liability and negligence claims in a Magnum M2a hip implant action, ruling that an issue of fact exists as to whether the action is timely under North Carolina law.
State law failure-to-warn claims based upon a medical device manufacturer’s failure to submit adverse event reports to the FDA are preempted because they seek to enforce the FDCA, which only the federal government may do, the Arizona Supreme Court has ruled.