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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A federal appeals court has ordered a new consolidated trial in five cases involving allegedly defective Pinnacle hip implants, ruling that DePuy Orthopaedics and Johnson & Johnson were prejudiced by the trial court’s “serious evidentiary errors.”
Two firms that represent plaintiffs in the Zimmer Durom Hip Cup multidistrict litigation have asked a federal judge to begin disbursing money from the common benefit fund, arguing that they have so far incurred more than $1.6 million in MDL-related expenses.
An attorney representing four claimants who never filed suit in the Zimmer Durom Hip Cup multidistrict litigation but did participate in mediation have asked a New Jersey federal judge to reduce the common benefit fund assessment to 1 percent for their cases.
A Washington federal judge has dismissed without prejudice claims asserted against Symmetry Medical Inc. in an M-Cor System hip replacement action, finding the court lacks jurisdiction because the company did not direct its business activities toward the state.
The New Jersey court overseeing the coordinated docket for state claims relating to Stryker’s Trident hip replacement devices has issued a Case Management Order in which it extended the discovery deadline for active cases to Dec. 31.
A Utah federal judge has refused to dismiss a lawsuit in which the recipient of a shoulder implant alleges the device’s faulty design caused him to develop a bacterial infection, finding the claims of defective design, breach of warranty and failure to warn were adequately pled.
To facilitate the distribution of Wright Medical Conserve hip settlement proceeds, a Georgia federal judge has ordered that state Medicaid programs and private health plans be provided with a list of claimants to determine whether they have liens against them.
An Indiana federal judge has allowed the parties in the Biomet M2a Magnum Hip MDL to take depositions of their generic expert witnesses, explaining that the transferor judges will decide whether those depositions may be substituted for live testimony in trials on remand.
A scheduling order has been issued in the Biomet M2a Magnum Hip multidistrict litigation, setting deposition and summary judgment deadlines in three groups of cases.
A New York federal judge has awarded Zimmer Inc. summary judgment in a knee replacement action, ruling that the plaintiff cannot prove the essential elements of his design defect claim because he failed to timely identify any expert testimony.