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).



Issue #4, October 2011

Federal Judge Stays Calif. Action Without Ruling on Plaintiff's Motion to Remand

A federal judge has granted a defense motion to stay a DePuy Pinnacle hip case pending transfer, saying the plaintiff will not be prejudiced by having his motion decided by the MDL court, which is likely to address the issue in multiple cases

NexGen MDL Judge Approves Plaintiffs' Lead Counsel, Steering Committee

The federal judge overseeing the Zimmer NexGen Knee Implant MDL docket has approved plaintiffs' proposals for lead counsel and members of a Steering Committee despite opposition to the size of the leadership group.

Issue #3, September 2011

Calif. Pinnacle Plaintiff Withdraws Objections to Transfer to Federal MDL

A California plaintiff whose case was conditionally transferred to the Pinnacle Hip Implant MDL has withdrawn her opposition and the Judicial Panel on Multidistrict litigation has lifted a stay to allow the transfer to proceed.

ASR Plaintiffs Who Withdraw 20 Days After Filing Will Need Defense Stipulation

Plaintiffs who dismiss their claims in the DePuy ASR MDL will need defendants to stipulate to a voluntary dismissal if they file more than 20 days after submitting a short-form complaint, the presiding judge said in his latest case management order.

N.Y. Court Dismisses Trident System Complaint for Failure to Offer Factual Support

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.

Manufacturing Defect Claim Survives Summary Judgment in Stryker Knee Case

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.

Md. Federal Judge Finds No Fraudulent Joinder and Remands Pinnacle Hip Case

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.

Parties to La. ASR Hip Implant Suit Dispute Role of In-State Defendants

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 Calls NexGen Plaintiffs' Proposed 12-Member Steering Committee 'Inefficient'

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.

ASR Hip Implant MDL Judge Says Parties Have Resolved Fact Sheet Differences

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.

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