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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Utah High Court Asked to Determine Whether Comment k's 'Unavoidably Unsafe' Doctrine Applies to Medical Devices
A Utah federal judge has asked the state high court to resolve the issue of whether the "unavoidably unsafe" doctrine set forth in comment k to Section 402A of the Restatement (Second) of Torts applies to implanted medical devices.
A New York federal judge has allowed Zimmer Inc. to re-depose the plaintiff's implanting physician as to the failure-to-warn theory advanced in his affidavit, ruling that the plaintiff improperly failed to provide a summary of the doctor's expert opinions.
The judge overseeing the federal M2a Magnum Hip docket has denied Biomet's motion for summary judgment without prejudice, ruling that the defendant's assertion of the state-of-the art defense is an issue for the transferor courts to decide post-remand since the defense is applicable in only certain states.
The Maryland federal judge overseeing the Smith & Nephew Birmingham Hip Resurfacing hip implant docket has scheduled the next status conference for Feb. 28.
Issue #79, January 2018
A stipulated protective order regarding certain discovery material has been issued in a Zimmer M/L Taper hip action, which sets forth guidelines concerning the production of "stamped confidential documents."
Holding Company Dismissed from Profemur Hip Case; Claims To Proceed Against Wright Medical Technology
An Iowa federal judge has dismissed Wright Medical Technology (WMT)'s parent corporation from a Profemur hip device lawsuit for lack of personal jurisdiction, finding the company did not design, market or advertise the device in Iowa, or any other state.
According to a recent status report, 108 cases remain pending in the Wright Medical Conserve Hip multidistrict litigation, and plaintiffs have been offered an opportunity to refile their claims in their home jurisdictions if they agree to dismissal without prejudice.
Claims in the Birmingham Hip Resurfacing MDL are preempted because they require a ruling that the device should have been designed, manufactured, tested or labeled differently from the manner approved by the FDA, Smith & Nephew contends in support of its motion to dismiss plaintiffs' master and short form complaints.
The Massachusetts federal judge overseeing the Stryker LFIT coordinated docket has extended the deadline by which plaintiffs must serve fact sheets for eligibility for selection into the initial bellwether discovery pool from Jan. 12 to Jan. 26.
The judge overseeing the federal Zimmer NexGen Knee multidistrict litigation docket has selected two cases from the 5950 MIS tibial component category for bellwether trials.