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 #8, February 2012
The Judicial Panel on Multidistrict Litigation's schedule for its March 29 meeting in San Diego includes more than a dozen hip and knee implant cases in which plaintiffs or defendants oppose transfer to an MDL.
Zimmer Holdings Inc. and Zimmer Inc. have withdrawn their motion for an order applying the provisions of the Hague Convention to Swiss evidence sought by plaintiffs in the Durom Hip Cup multidistrict litigation.
The presiding judge in the DePuy ASR Hip Implant MDL has assigned lead counsel the responsibility for scheduling all generic depositions of company witnesses, but said the court would continue to coordinate with state courts.
Counsel for six of the eight plaintiffs cited in Zimmer Holdings Inc.'s application to coordinate the state's NexGen Flex knee implant cases have submitted written objections, saying the move is unnecessary and an attempt at forum shopping.
A Kansas jury has rejected malpractice claims against an orthopedic surgeon sued by a patient over a failed total hip implant
A Virginia plaintiff who opposes transfer to the DePuy ASR MDL asserts in a brief filed in support of her Motion to Vacate that the liability of an in-state defendant is unique to Virginia and is best decided by the transferor court.
A federal appeals court has reversed dismissal of some state-law claims to the extent that they rely on Stryker Corp.'s alleged failure to comply with Food and Drug Administration requirements in manufacturing its Trident PSL Acetabular Shell.
Zimmer Inc. has notified the JPML that it will oppose the transfer of a Missouri woman's knee implant case to the NexGen Knee proceedings in Illinois, saying the dispute does not fall within the scope of the MDL.
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
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.