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
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.
The Judicial Panel on Multidistrict Litigation has added the motion to create an MDL docket for Zimmer NexGen knee implant cases to a lengthy July 28 agenda in San Francisco.
U.S. District Judge David A. Katz has ordered plaintiffs whose cases are transferred to the federal ASR Hip Implants Products Liability MDL to submit preliminary medical disclosures within 30 days of transfer.
Counsel for plaintiffs in a Wisconsin ASR hip replacement class action have withdrawn their ex parte motion for a class action discovery subcommittee in the federal multidistrict litigation.
A woman who claims she was implanted with a defective Zimmer NexGen Knee System has sued Zimmer Inc. in Michigan federal court, asserting that the manufacturer knew of the risks associated with the device but hid them from surgeons and potential users.
A petition has been filed to create a coordinated MDL docket for all federal cases alleging injury caused by Zimmer NexGen Knee Implant Devices, HarrisMartin Publishing is reporting.
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.