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 #1, July 2011
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.
The judge assigned to the coordinated DePuy ASR Hip Implants cases has issued an order outlining steps that should be taken to preserve explanted hip implant devices for examination by plaintiff and defense experts.
The Judicial Panel on Multidistrict Litigation has divided DePuy ASR and Pinnacle hip implant claims asserted by a Minnesota woman in a single federal lawsuit and conditionally assigned them to pending MDLs in Texas and Ohio.
Counsel for plaintiffs in the newly created DePuy Pinnacle Hip Implant Products Liability MDL have asked the presiding judge to order the establishment of steering and oversight committees and have proposed members for each.
A Minnesota plaintiff alleging defects in his Zimmer NexGen High-Flex System knee replacement has filed a brief with the Judicial Panel on Multidistrict Litigation supporting the creation of a federal MDL, but asking that it be assigned to Minnesota.
Plaintiffs in a Texas hip implant case are among dozens who have asked the Judicial Panel on Multidistrict Litigation to vacate conditional transfer orders that would consolidate their claims with similar cases in the federal MDL.
A federal magistrate judge has rejected defendants' fraudulent joinder claims and ruled that a DePuy hip implant case awaiting transfer to the federal MDL in Ohio was improperly removed and should be remanded to state court in Wisconsin.