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).
SEARCH THE ARCHIVES
Issue #6, December 2011
Conditional transfer orders by the Judicial Panel on Multidistrict Litigation added 13 DePuy Pinnacle hip system cases to the consolidated proceeding pending.
A federal magistrate judge has overruled objections by Wright Medical Technology and allowed a hip implant patient to file an amended complaint alleging negligent misrepresentation and other wrongdoing.
Defendants in California's coordinated DePuy ASR hip implant cases filed short-form answers in December to dozens of cases pending in the San Francisco Superior Court, generally denying allegations made by individual plaintiffs.
A federal judge in California has rejected defense assertions that physician-designer Thomas Schmalzried, M.D., was fraudulently joined to defeat diversity and has remanded a DePuy Pinnacle case to state court.
A federal judge cited a need to avoid inconsistent decisions in declining to rule on a motion to remand a DePuy Pinnacle hip case and staying proceedings pending transfer to the federal multidistrict litigation pending in the U.S. District Court for the Northern District of Texas.
Judge Rebecca R. Pallmeyer said in a recent order that she will revisit the issue of direct filing of new cases in the Zimmer NexGen MDL at the court's next status conference.
Zimmer defendants in the Durom Cup MDL have asked a federal magistrate judge to postpone a scheduled discovery conference and allow them to file a motion for a protective order for Swiss corporate documents sought by plaintiffs.
Parties to a Durom Cup personal injury lawsuit filed a Stipulation of Dismissal with Prejudice with the federal MDL court on Dec. 6, ending a case they previously indicated was settled through mediation.
The Judicial Panel on Multidistrict Litigation has vacated transfer orders for two cases in which plaintiffs allege injury from implants of Zimmer "Natural-Knee Flex" systems, finding them unsuitable for coordination in the NexGen MDL
Plaintiffs and defendants in the Zimmer NexGen Knee Implant MDL have submitted briefs supporting their differing views on whether plaintiffs claiming economic losses should be required to produce tax returns.