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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Smith & Nephew Inc. Opposes Creation of MDL Docket for Birmingham Hip Resurfacing, R3 Metal-on-Metal Liner Cases
Smith & Nephew Inc. has opposed the creation of an multidistrict litigation docket for claims relating to its Birmingham metal-on-metal hip resurfacing and total hip replacement constructs including the R3 metal liner, contending that the hip implants are subject to different regulatory regimes.
The U.S. Judicial Panel on Multidistrict Litigation will hear petitions for the creation of coordinated dockets in separate Stryker LFIT and Smith & Nephew R3 implants at a March hearing, according to a notice.
A Texas federal judge has remanded a lawsuit involving Smith & Nephew’s Birmingham Hip Replacement System, ruling that diversity is lacking because the plaintiffs have adequately alleged that the company’s non-diverse sales representative violated the state product liability act.
Howmedica Opposes Motion to Create LFIT V40 MDL Docket, Says ‘Small Number of Actions’ Doesn’t Justify Coordination
Howmedica Osteonics Corp. has opposed a motion to create a coordinated pretrial docket for claims relating to the defendant’s LFIT V40 femoral head, saying that only a handful of cases are implicated in the motion and “only a fraction of those involves products subject” to the recall cited by the plaintiffs.
A November trial date has been scheduled in a hip replacement action filed against Wright Medical, who has conversely filed a third-party complaint against the orthopedic surgeon and the decedent’s hospital, saying she never should have been a candidate for implant surgery.
Plaintiffs with claims relating to Stryker’s LFIT Anatomic Cobalt Chromium V40 femoral heads have sought multi-county litigation designation in the state of New Jersey, saying the cases will involve “recurrent legal issues of design defect, failure to warn, breach of warranty and possibly manufacturing defect.”
Surgeon’s Nondisclosure of Device’s Risks Relieves Defendants of Liability, N.Y. Federal Magistrate Judge Says
A surgeon’s decision to not inform a patient of a hip fracture repair device’s risks relieves the manufacturer and distributor of liability because it severed the required causal connection between their allegedly inadequate warnings and the patient’s injury, a New York magistrate judge has found.
Identities of Foreign Adverse Event Reporters Protected , Fla. Appeals Court Rules in Hip Replacement Action
Reports of foreign adverse events associated with Howmedica Osteonics Corp.’s recalled hip replacement devices must be redacted to conceal the identities of the voluntary reporters, a Florida appellate court has ruled.
Product liability claims asserted against a healthcare provider are federally preempted, a Kentucky appellate court has held, because they seek to impose state law standards as to how a device is used, which the Medical Device Amendments does not address.
The 5th Circuit U.S. Court of Appeals has denied efforts by eleven DePuy Pinnacle Hip Implant plaintiffs who were awarded more than $1.5 billion in two separate trials to consolidate the appeals of those verdicts.