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 #5, November 2011
An updated list of cases pending in the DePuy Pinnacle Hip Implant MDL in the U.S. District Court for the Northern District of Texas shows that more than 100 have been filed directly with the court in the past month rather than await transfer.
A federal judge has granted a stay sought by defendants in a New Jersey Pinnacle hip implant case despite the plaintiff's jurisdictional challenge.
A hip replacement device action brought against Stryker Orthopedics is preempted by the Medical Device Amendments because it seeks to impose regulations that are "different or in addition to" FDA requirements, a California federal judge has ruled.
Liaison counsel in the Durom Cup MDL have agreed on a procedure for returning documents that are subject to a claim of privilege but are inadvertently produced in discovery.
Issue #4, October 2011
Plaintiffs in the Zimmer Durom Hip Cup MDL have complained that Zimmer is not meeting an agreed-upon schedule for production of employee custodial files and have asked the presiding judge to address the issue at a status conference.
A federal judge has signed a stipulation and order remanding an ASR hip implant case to California Superior Court, after DePuy submitted a notice of non-opposition.
A federal judge has dismissed a strict liability cause of action in a femur stem implant case against Stryker Corp., saying it failed to assert a viable claim for design or manufacturing defect or for failure to warn.
A Louisiana federal judge has agreed to stay a hip implant case pending transfer to the DePuy ASR hip implant MDL citing "judicial economy and efficiency."
U.S. District Judge Martin L.C. Feldman has granted defense motions to stay proceedings in two Louisiana DePuy ASR hip implant cases pending transfer to the federal MDL.
The presiding judge has prohibited direct filing of NexGen cases in the MDL, agreeing with defendants that plaintiffs should continue to file in their home districts and follow the transfer mechanism already in place.