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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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Current Issue

Nev. Man to Appeal Award of Summary Judgment to DePuy in Synthes Locking System Case

A Nevada man is appealing a federal court’s award of summary judgment to DePuy Synthes Sales Inc. in a lawsuit targeting its Synthes Locking System after finding a lack of proof that the device was defectively designed and manufactured and accompanied by inadequate warnings.


Strict Products Liability Claim Proceeds in Ill. Federal Hip Case

An Illinois federal judge has refused to dismiss a strict products liability claim asserted in a Smith & Nephew hip case, ruling that the plaintiff adequately alleged the faulty condition of her device caused her injuries.


Statute of Repose Bars Biomet M2A-38 Hip Lawsuit, Ind. Federal Judge Rules

The statute of repose bars a lawsuit targeting Biomet’s M2A-38 hip replacement device because the plaintiff failed to present evidence that the statute was tolled by the company’s fraudulent concealment, an Indiana federal judge has ruled.


Ky. Federal Judge Remands DePuy Knee Replacement Action on Basis of Non-Diversity

A Kentucky federal judge has remanded a DePuy knee replacement action, ruling that a nondiverse hospital defendant was not improperly joined because the causation and apportionment of fault for the alleged injuries implicate common questions of fact and law as to all defendants.


Application of ‘Avoidably Unsafe’ Doctrine Should be Decided on Case-By-Case Basis, Utah High Court Rules

The question of whether the "unavoidably unsafe" doctrine in comment k to Section 402A of the Restatement (Second) of Torts applies to implanted medical devices should be decided on a case-by-case basis, the Utah Supreme Court has ruled.


Negligence, Breach of Warranty Claims Dismissed in DePuy Rotating Platform Knee Case

A Virginia federal judge has dismissed without prejudice negligence claims filed against DePuy in connection with its rotating platform knee, ruling that the plaintiff failed to specify a defect in the device’s implant’s manufacture or design, or in the warnings provided.


Issue #99, August 2019

Judge Remands S&N Hip Case, Says Nondiverse Defendants Not Fraudulently Joined

A Maryland federal judge has remanded a Smith & Nephew hip replacement action, ruling that the plaintiff has plausible claims against the nondiverse healthcare and sales representative defendants which relate to the surgeon’s off-label use of the device’s components.


Nev. Federal Judge Awards DePuy Summary Judgment in Synthes Locking System Case

A Nevada federal judge has awarded DePuy Synthes Sales Inc. summary judgment in a lawsuit targeting its Synthes Locking System, finding the plaintiff failed to prove that the device was defectively designed and manufactured or accompanied by inadequate warnings.


Negligent Misrepresentation Claim Dismissed in Calif. Wright Profemur Hip Case

A California federal judge has dismissed a negligent misrepresentation claim asserted against Wright Medical Technology Inc. regarding its Profemur Z hip replacement system, finding the allegations were not pled with the specificity required by Rule 9(b).


Smith & Nephew Hip Action Remanded, Surgeon Found Properly Joined

A Maryland federal judge has remanded a Smith & Nephew hip case to state court, ruling that the plaintiff has asserted viable claims of negligence against the nondiverse healthcare defendants.


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