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 #4, October 2011
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
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
A California plaintiff whose case was conditionally transferred to the Pinnacle Hip Implant MDL has withdrawn her opposition and the Judicial Panel on Multidistrict litigation has lifted a stay to allow the transfer to proceed.
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.
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.