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 #3, September 2011
A California man has moved to amend a complaint alleging defects in a Wright Technology Pro Femur Z Stem Hip implant and asked the court to cancel a hearing on the defendant's motion to dismiss the original complaint.
Defense liaison counsel in the Zimmer Durom Hip Cup MDL asked a magistrate judge to continue a scheduled status conference until October, saying that recent meetings with plaintiffs' counsel have advanced discovery.
The California state judge overseeing that state's coordinated DePuy ASR Hip Implant docket has granted petitions adding more than 640 cases to the 46 included in the initial coordination order in March.
The federal judge presiding over the Zimmer NexGen Knee Implant MDL has denied a joint motion to vacate or stay deadlines imposed by originating courts but asked counsel to submit a clarification.
Counsel for plaintiffs' in the DePuy ASR hip implant MDL say that DePuy's proposed fact-sheet questions on third-party funding of litigation or social media postings are better left to discovery in individual cases.
A plaintiff's cause of action did not accrue when she experienced pain but rather when her doctor discovered the tentative cause of her injury, a federal appellate court ruled in reinstating a knee replacement suit against Howmedica.
Zimmer Inc. has notified the JPML that it opposes the transfer of two lawsuits alleging defects in the Zimmer Gender Solutions Natural-Knee Flex System implants to the newly created NexGen MDL.
Counsel representing plaintiffs in some of the earliest-filed Zimmer NexGen knee implant cases have asked the MDL court to appoint members of their group as lead or liaison counsel and as members of a Plaintiffs' Steering Committee.
Issue #2, August 2011
A federal judge has denied a motion to remand a knee implant case for lack of complete diversity, saying the motion was premature despite the plaintiff's expressed intention to add causes of action against in-state medical providers.
A Wisconsin man has filed a lawsuit in federal court against Zimmer Inc., seeking damages for the expected replacement of a Durom Cup hip implant he says is defective.