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 #97, June 2019
A group of Spanish plaintiffs plan to appeal an Ohio federal judge’s dismissal of their claims from the DePuy ASR hip multidistrict litigation docket for forum non conveniens.
A Missouri federal judge has dismissed claims of breach of express warranty and negligent misrepresentation asserted against Wright Medical Technology Inc. in a Profemur Plus CoCr Modular Neck hip replacement action, ruling that they were not adequately pled.
DePuy Pinnacle Plaintiffs Seek Status Info; PEC Says Defendants Not ‘Engaging in Any Global Resolution’
Plaintiffs in the DePuy Pinnacle hip multidistrict litigation seek a case management conference to discuss an update on the status of the MDL, noting that no further bellwether trials have been set and that the plaintiffs’ executive committee (PEC) has either wound up its business or disbanded.
Six cases targeting Biomet’s M2a-Magnum and M2a-38 hip replacement systems have been set for trial following the multidistrict litigation court’s remand to their transferor jurisdictions, according to recent scheduling orders.
A Kansas federal magistrate judge has allowed the plaintiffs in a Biomet hip replacement action to add Zimmer Biomet Holdings Inc. as a defendant, ruling that the proposed amended complaint asserts viable claims against the company.
An Arizona appellate court has upheld an award of summary judgment to Smith & Nephew and an orthopedic surgeon in a knee replacement action, ruling that the plaintiff failed to present evidence that would allow a jury to infer that their negligence caused the device to fail.
A Utah federal judge has refused to order Wright Medical to produce 20 years’ worth of emails in a case targeting its metal-on-metal hip system, ruling that the discovery is not relevant because it relates to conduct not implicated in the action.
Documents containing legal advice to Smith & Nephew Inc.’s board of directors concerning metal-on-metal hip implants are shielded by the work product doctrine and attorney-client privilege because they were prepared in anticipation of litigation, a Maryland federal judge has ruled.
A Missouri federal judge has stayed a Bair Hugger warming device action pending possible transfer to the federal multidistrict litigation docket, ruling that without a stay, defendants could be subject to duplicative litigation and inconsistent rulings.
A Texas appeals court has reinstated claims accusing a hospital of negligently allowing a recalled medical device to be implanted in a patient, finding the plaintiff’s expert is qualified to opine as to hospital procedures and protocols.