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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Issue #4, October 2011
A federal judge has dismissed a strict liability cause of action in a femur stem implant case against Stryker Corp., saying it failed to assert a viable claim for design or manufacturing defect or for failure to warn.
A Louisiana federal judge has agreed to stay a hip implant case pending transfer to the DePuy ASR hip implant MDL citing "judicial economy and efficiency."
U.S. District Judge Martin L.C. Feldman has granted defense motions to stay proceedings in two Louisiana DePuy ASR hip implant cases pending transfer to the federal MDL.
The presiding judge has prohibited direct filing of NexGen cases in the MDL, agreeing with defendants that plaintiffs should continue to file in their home districts and follow the transfer mechanism already in place.
The Judicial Panel on Multidistrict Litigation has lifted its stay on conditional transfer orders for several Louisiana Pinnacle hip implant system cases after plaintiffs notified the panel that they have withdrawn their opposition to transfer to the MDL.
A New York federal judge has stayed three DePuy ASR hip implant actions that were on a conditional transfer list for assignment to the MDL pending in the Northern District of Ohio.
A federal judge has granted a plaintiff's motion to remand his DePuy ASR hip implant case to South Carolina state court, rejecting defendants' argument that the case should be stayed to allow the federal MDL court to rule on jurisdiction.
Counsel for both sides in the Zimmer NexGen Knee Implant multidistrict litigation have submitted written arguments to the court detailing their differing positions on a protective order for the sharing of confidential product information.
A Louisiana federal judge has denied a plaintiff leave to submit a sealed brief opposing dismissal of his ASR hip implant suit against DePuy, saying the request is overly broad.
The judge presiding over the DePuy ASR Hip Implant multi-district litigation granted a motion to dismiss one case without prejudice, rejecting defendants' argument that the plaintiffs have engaged in forum shopping by filing in state court