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 #2, August 2011
A federal magistrate has ruled that a distributor of DePuy's ASR Hip Implant was not fraudulently joined to a lawsuit brought by three Nevada plaintiffs who allegedly suffered injuries as a result of the recalled device.
A federal judge in Maryland who dismissed an earlier version said an amended complaint filed in a hip replacement lawsuit was sufficiently detailed to survive a motion to dismiss.
A North Carolina federal judge has dismissed a hip replacement lawsuit as untimely, ruling that an amended statute of repose did not revive claims that arose when the surgery was performed in 1998.
A federal appeals court has affirmed an order excluding testimony by a metallurgist in a hip replacement case, agreeing with the lower court that the expert's "particle ejection theory" was untested and not subject to peer review.
Issue #1, July 2011
Additional plaintiffs have suggested venues for the coordinated proceedings proposed for Zimmer NexGen knee implant lawsuits, with the U.S. District Court for the Central District of California offered in the most recent filing.
Parties to a Trident System implant case in Missouri have named a mediator to assist court-ordered alternative dispute resolution in a lawsuit over alleged defects in a Trident System hip replacement device.
Plaintiff Fred Stone has replied to Zimmer Inc.'s brief opposing the creation of a NexGen knee replacement MDL, saying that Zimmer's assertion that there are too many dissimilarities in materials and procedures among plaintiffs' claims is misleading.
U.S. District Judge David A. Katz has scheduled the next status conference in the DePuy Orthopaedics Inc. ASR Hip Implant multidistrict litigation for San Francisco.
The federal judge overseeing the DePuy Pinnacle Hip Implant MDL addressed mostly procedural matters in his first case management order but declined to approve specific committees or assignments proposed by plaintiffs' counsel.
Zimmer Inc. and related entities named in product liability suits over allegedly defective knee implant products have filed a brief opposing the creation of an MDL docket for all similar cases filed in federal court.