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 #7, January 2012
A federal judge has remanded a DePuy ASR hip implant suit to Florida state court, concluding that in-state defendants were not fraudulently joined.
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.
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.
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 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.
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.
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.
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.
Zimmer Holdings Inc. and Zimmer Inc. have moved for a protective order in the Durom Cup litigation, asking that the provisions of the Hague Convention be applied to the production of Swiss evidence sought by plaintiffs.
Presiding Judge James "Ed" Kinkeade has lifted the discovery stay imposed when the DePuy Pinnacle Hip Implant MDL was assigned to his court last year, and announced appointments to the Plaintiffs' Steering and Discovery Committees.