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 federal judge dismissed an amended complaint alleging negligence and breach of warranty on the part of Trident hip implant manufacturers, saying the complaint makes only "vague" or unsupported allegations of wrongdoing by defendants.
A New York federal judge allowed a manufacturing defect claim to proceed against Stryker Corp. in a knee replacement action, ruling there is "competent evidence" that the failure of the polyethylene tibial insert was due to defect.
A federal judge has remanded a Pinnacle hip implant case to Maryland state court after concluding that medical negligence claims against two in-state defendants were not brought to defeat federal jurisdiction.
A Louisiana hip implant suit was deleted from a recent conditional transfer order after plaintiffs challenged defendants' assertion that in-state parties were fraudulently joined to defeat the federal court's diversity jurisdiction.
Zimmer Holdings Inc. and other defendants are opposing the appointment of a 16-member leadership group for plaintiffs' counsel in the Zimmer NexGen Knee Implant MDL, saying it is inefficient and will cause coordination difficulties.
U.S. District Judge David A. Katz said that a motion by DePuy Orthopaedics Inc. to adopt defendants' proposed fact sheets is moot and that differences between the parties in the ASR Hip Implant MDL have been resolved.
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.