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 #5, November 2011
A federal judge has granted DePuy Orthopaedics' motion to stay a Pinnacle hip implant case pending transfer to the consolidated action in Texas, rejecting the plaintiff's argument that the court should first rule on his motion to remand.
The judge assigned to New Jersey's coordinated DePuy ASR Hip Implants docket noted in a recent CMO that discovery has produced 12.5 million documents to date and he urged continued cooperation by the parties
A Minneapolis woman who says she is unable to work and still suffers pain from two hip implant surgeries has sued Zimmer Inc. in federal court, saying its Trilogy Acetabular Shell and Liner hip system was defective.
A lawsuit filed by a western New York woman over injuries she says were related to a DePuy ASR hip implant was removed from the Judicial Panel 's Nov. 11 MDL transfer order pending a ruling by the transferee court on unresolved motions for stay and/or remand.
A Pennsylvania federal judge has dismissed strict liability and breach of implied warranty claims brought against Zimmer Holdings Inc. in a hip implant suit, ruling that they are barred by Pennsylvania law.
The judge overseeing the coordinated DePuy ASR Hip Implants litigation has scheduled a Nov. 22 hearing on plaintiffs' counsels' request for a Common Benefit Fund that will necessitate an assessment against plaintiffs' individual settlements or awards.
Plaintiffs in the NexGen MDL object to language in defendants' proposed medical authorization form referring to a plaintiff's "psychological condition," saying it suggests that plaintiffs waived any mental health privilege.
Counsel for plaintiffs who settled their lawsuit over an allegedly defective Zimmer Durom Cup implant has asked the presiding judge in the Durom Cup MDL to waive a 4 percent "common benefit" fee.
The federal judge charged with overseeing pre-trial proceedings in the NexGen Knee Implant MDL has continued a hearing on plaintiffs' motion to compel additional disclosures from Zimmer pending further negotiations between the parties.
An updated list of cases pending in the DePuy Pinnacle Hip Implant MDL in the U.S. District Court for the Northern District of Texas shows that more than 100 have been filed directly with the court in the past month rather than await transfer.