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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

Trochanteric Fixation Nail Hip Action to Proceed Against DePuy in Louisiana

A Louisiana federal judge has refused to dismiss a lawsuit involving DePuy Synthes Inc.’s Trochanteric Fixation Nail hip replacement system, ruling that the claims of defective manufacture and design were adequately pled.


Biomet Hip Case Remanded, N.J. Federal Judge Says Seller Defendants Properly Joined

A New Jersey federal judge has remanded a Biomet M2a Magnum hip case to state court, ruling that the plaintiffs have asserted colorable claims against the non-diverse seller defendants, destroying diversity jurisdiction.


Fraud, Negligence, Warranty Claims Dismissed in N.J. Federal Biomet Hip Case

A New Jersey federal judge has dismissed claims of negligence, fraud and breach of implied warranty in a Biomet M2a Magnum hip device case, ruling that they are subsumed by the state’s products liability act.


3rd Cir. Asked Whether Strict Liability Manufacturing Defect Claims Barred in Medical Device Cases

A Pennsylvania federal judge has asked a federal appeals court to decide whether Pennsylvania law recognizes a strict liability claim for a manufacturing defect of a prescription medical device, noting there is a “growing debate among federal district courts regarding this issue.”


Issue #97, June 2019

Zimmer Biomet Holdings Dismissed from Va. Federal Hip Implant Case

A Virginia federal judge has dismissed for lack of jurisdiction claims asserted against Zimmer Biomet Holdings Inc. in a hip implant case, finding the company does not have sufficient contacts with the state that provide the basis for the plaintiff’s complaint.


Ark. Man Says Consensus Ortho’s Hip System Caused Infection, Loss of Hip

An Arkansas man has accused Consensus Orthopedics Inc. f/k/a Hayes Medical of defectively designing its modular hip system, forcing him to undergo multiple revision surgeries due to severe metallosis-related infection, resulting in complete loss of his hip.


Calif. Man Alleges Injuries Caused by Defective Encore Hip System in New Lawsuit

In a new lawsuit filed in state court, a California man says he was left with a permanent limp after being implanted with a defective metal-on-metal hip system manufactured by Encore Medical L.P. d/b/a DJO Surgical.


Warranty, Fraud Claims Dismissed in Ind. Wright Conserve Hip Case

An Indiana federal judge has dismissed breach of warranty claims asserted against Wright Medical Technology Inc. in connection with its Conserve hip system, explaining that while they are not subsumed by the state products liability act, they are time-barred.


Plaintiff Seeks Reinstatement of Knee Lawsuit Against Smith & Nephew, Zimmer

A plaintiff accusing Smith & Nephew and Zimmer Inc. of defectively designing and manufacturing her artificial knee components has moved for relief from an Illinois federal judge’s dismissal of her complaint with prejudice.


Plaintiffs Agree to Dismissal of Tenn. Federal Stabilizer Plate Action

The parties to a case involving stabilizer plates have agreed to dismissal of the action following a Tennessee federal judge’s denial of Stryker Corp.’s motion for summary judgment on the issue of whether it actually supplied the devices at issue.


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