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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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Ill. Court Declines to Award Summary Judgment to Smith & Nephew in R3 Acetabular Case

An Illinois federal court has declined to award summary judgment to Smith & Nephew in a case involving its R3 Acetabular System, finding that the plaintiffs did not circumvent prior court-ordered expert disclosure deadlines by voluntarily dismissing the case.


Ill. Court Awards Summary Judgment to Smith & Nephew, Says R3 Claims Untimely

An Illinois federal court has awarded summary judgment to Smith & Nephew in a case involving its R3 Acetabular System, finding that the plaintiff knew, or reasonably should have known, about the potential claims four years before the complaint was filed.


11th Circuit Denies Petition for Rehearing in Conserve Hip Implant Dispute, Won’t Review Order Affirming $2.1 Million Verdict

The 11th Circuit U.S. Court of Appeals has denied a petition for rehearing filed by Wright Medical Technology Inc., which argued that the appellate court in part erred when it found that Utah law did not apply Comment k as a bar to strict liability for medical devices that have obtained Section 510(k) clearance.


NexGen Knee Implant MDL Court Orders PMR to Produce Medical Records Furnished to Experts

The federal court overseeing the NexGen Knee Implant multidistrict litigation docket has weighed in on a dispute involving the production of documents from a third-party medical consulting firm, ruling that Physicians Medical Review must “produce all medical records that were furnished to potentially declaring or testifying experts.”


NexGen Knee Implant MDL Court Declines to Remand Remaining Cases; Indicates Intent to Hold 2 More Bellwether Trials

The federal court overseeing the NexGen Knee Implant multidistrict litigation docket has indicated its intent to try “at least” two more bellwether trials, rejecting plaintiff efforts to remand the remainder of the cases to the transferor courts.


Pinnacle Plaintiffs File Brief Supporting Appeal of Order Reducing $502 Million Verdict; Say Reduction Violates ‘Open Court’s Provision

Plaintiffs involved in the appeal of a $502 million Pinnacle Hip Implant verdict have filed a reply brief supporting their position that the Texas statute limiting damages is unconstitutional and “deprives Texas plaintiffs of their right to have a jury determine the amount a grossly negligent defendant should pay for injuring them while at the same time substituting a new amount formulaically derived from the plaintiff’s economic status.”


5th Circuit Stays Plaintiffs’ Appeal of Order Halving $1 Billion Jury Awards, Notes Defense Post-Trial Motions Still Pending

The federal appellate court overseeing the plaintiff’s appeal of a Pinnacle Hip Implant case that ended in a $1 billion jury verdict has stayed the proceedings, pending a federal court decision on the defendants’ post-trial motions.


Ind. Federal Judge Remands Biomet M2a Hip Case, Says Distributors May be Liable for Failure to Warn

An Indiana federal judge has remanded a Biomet M2a-Magnum hip implant case to Louisiana state court, ruling that the plaintiffs may have viable failure-to-warn claims against the non-diverse distributor defendants.


Texas Federal Jury Finds for Zimmer at Conclusion of Trilogy Hip Replacement Trial

A Texas federal jury returned a verdict in favor of Zimmer at the conclusion of a trial involving its Trilogy hip replacement system, finding the device contained no manufacturing defects that could have caused the plaintiff’s alleged injuries.


Physicians Medical Review Files Motion to Quash Subpoena in Zimmer NexGen Knee MDL

A third-party medical consulting firm has filed a motion to quash subpoenas issued to it by NexGen Knee Implant defendant Zimmer Inc., contending in part that the documents are procedurally improper in that they seek individual discovery in non-bellwether cases, a violation of “common MDL practice.”


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