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).



Issue #8, February 2012

Ill. Court Awards Summary Judgment to Wright Medical in Profemur® Hip Suit

Claims that a hip prosthesis manufactured by Wright Medical Technology was unreasonably dangerous have been dismissed by a federal judge, who found no basis for the claims under either a risk-benefit analysis or an ordinary consumer expectations test.

Issue #7, January 2012

Durom Cup MDL Court Grants 2 Motions to Reduce Benefit Fund Assessments

A federal magistrate judge has granted motions to reduce the common benefit fund assessments against two plaintiffs in the Zimmer Durom Cup MDL who maintained that they litigated and settled without significant assistance from other counsel.

Fla. Federal Judge Remands DePuy ASR Case for Lack of Complete Diversity

A federal judge has remanded a DePuy ASR hip implant suit to Florida state court, concluding that in-state defendants were not fraudulently joined.

Ga. Plaintiff Told to Replead Tolling Argument in Suit Over Knee Implant

A federal court that denied remand and dismissed an in-state defendant has ordered the plaintiff to recast her tolling arguments against the remaining manufacturer defendant to avoid judgment on statute of limitations grounds.

Judge Says N.Y. Company with Ties to DePuy Can't be Liable for Implant Injury

A federal judge denied a hip implant plaintiffs' bid to assert claims against an independent sales representative that became associated with DePuy Orthopaedics nearly three years after an allegedly defective device was implanted.

Court Dismisses Zimmer Retiree's Suit Alleging Implant-Related Investment Losses

A federal judge has dismissed a former Zimmer employee's lawsuit over losses to a savings and investment plan he blamed on company officials' failure to acknowledge potential fallout from lawsuits over hip and knee implant devices.

DePuy Urges JPML to Continue Rejecting Motions to Vacate Transfer Orders

DePuy Orthopaedics pointed to the Judicial Panel on Multidistrict Litigation's own recent decisions in asking the panel to deny a motion to vacate a conditional transfer order based on plaintiffs' pending motion for remand to state court.

FDA Warns DePuy About Distributing "Custom" Devices Without Approvals

The FDA has warned DuPuy Orthopaedics that an inspection of its Warsaw, Ind., facility turned up "customized" hip, ankle, knee and other replacement devices that are being distributed without proper approvals or clearances.

JPML Schedules Briefing in Latest Moves by DePuy ASR Plaintiffs to Avoid Transfer

The Judicial Panel on Multidistrict Litigation has ordered two plaintiffs to submit briefs by Jan. 25 in support of their motions to vacate conditional transfer to the DePuy ASR MDL in Ohio.

Judicial Panel Reinstates Stay of Conditional Transfer on Procedural Grounds

The Judicial Panel on Multidistrict Litigation has reinstated a stay that was lifted in November to allow transfer of a DePuy ASR hip implant case to the MDL in Ohio, acknowledging that it improperly served counsel with notice of the order.

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