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
The Medical Device Amendments do not preempt state law claims brought against Stryker Howmedica Osteonics in connection with its Trident System hip replacement device because they are "parallel" to federal requirements, a federal magistrate judge has reiterated.
A federal judge has dismissed common law claims brought against a hip replacement manufacturer, ruling that they were not pleaded with the requisite particularity in order to be deemed "parallel claims" under Riegel v. Medtronic.
A New Jersey employee health benefit fund has filed a proposed class action against DePuy Orthopaedics and its parent company, Johnson & Johnson, alleging that they hid problems associated with the DePuy ASR hip replacement system from the public.
A New Jersey Supreme Court justice has ordered that all pending and future New Jersey DePuy ASR Hip Implant Litigation cases be assigned for centralized case management to Bergen County Superior Court Judge Brian R. Martinotti.
An Illinois federal judge has remanded a DePuy hip implant injury case to state court, ruling that an Illinois sales distributor was not fraudulently joined to defeat diversity jurisdiction.
A Georgia federal judge has refused to remand a DePuy ASR Hip Implant Device case to state court, ruling that the plaintiff failed to bring a viable claim against the sole Georgia defendant, a medical device distributor.
A Minnesota man complains in a recent federal court filing that individual components of his "Zimmer NexGen Knee" replacement system have failed because of defective design and manufacture causing him significant pain and requiring additional surgery or another total knee replacement.
A Florida mediator, who two weeks ago reported that the parties were at an impasse, notified a federal judge on June 1 that Zimmer US Inc. has settled on undisclosed terms with a plaintiff claiming that her Natural-KneeÂ® Flex System failed because of a defect.
A Missouri federal judge has remanded to state court a hip implant action against DePuy Orthopaedics Inc., rejecting DePuy's contention that the plaintiff's physician was "fraudulently misjoined" to defeat diversity jurisdiction.
The Judicial Panel on Multidistrict Litigation has assigned all DePuy Pinnacle Hip Implant case to Judge James E. Kinkeade in the U.S. District Court for the Northern District of Texas for all pretrial proceedings.