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 #99, August 2019

Stryker Robotic Knee Replacement Action to Remain in La. Federal Court

A Louisiana federal judge has retained jurisdiction over a lawsuit targeting Stryker Corp.’s robot-assisted knee replacement system, ruling that a non-diverse healthcare provider was improperly joined because the plaintiff failed to first bring his claims before a medical review panel.

New Lawsuit Says Stryker’s Tritanium Acetabular Cup Failed 1 Year After Implantation

A Virginia man has sued Stryker Orthopaedics in New Jersey state court, alleging the defective design and manufacture of his Stryker Tritanium Acetabular Cup (TAC) caused it to fail after only one year, necessitating revision surgery.

Ind. Federal Judge Denies Biomet’s Motion for Summary Judgment in M2a Hip Case

An Indiana federal judge has denied Biomet Orthopedics LLC’s motion for summary judgment in an M2a-Magnum hip case, ruling that the plaintiff’s failure to preserve his explanted device may not warrant such a sanction if the evidence reveals that his actions were not unreasonable.

Biomet Denied Summary Judgment on Preservation Issue in Ind. Federal M2a Hip Case

An Indiana federal judge has denied Biomet Orthopedics LLC’s motion for summary judgment in an M2a-Magnum hip case, ruling that it is unclear at this stage whether the plaintiff’s failure to preserve her explanted device warrants such a sanction.

Manufacturing Defect Claim Dismissed in Wright Hip Case; Plaintiff May Amend Negligence, Fraud Claims

A California federal judge has dismissed a strict liability manufacturing defect claim in a Wright Medical Profemur hip action, explaining that the plaintiff failed to allege how the manufacture of his device deviated from its suitable design.

Texas Man Says Smith & Nephew Hip Case Belongs in State Court

A Texas man is urging a Maryland federal judge to remand his action targeting Smith & Nephew’s metal-on-metal hip implant system to Texas state court, arguing that he has asserted viable claims against the non-diverse healthcare and sales representative defendants.

Ill. Woman Urges Judge to Reinstate Knee Lawsuit Against Smith & Nephew, Zimmer

An Illinois woman who has accused Smith & Nephew and Zimmer Inc. of defectively designing and manufacturing her artificial knee components is urging a federal judge to reinstate her action, arguing that any defects in her second amended complaint can be cured upon amendment.

Parties Move for Establishment of Settlement Fund in DePuy Pinnacle Hip MDL

Parties in the DePuy Pinnacle hip multidistrict litigation have asked a Texas federal court to establish a qualified settlement fund for proceeds from a November settlement executed between clients of Jones Ward LLC and DePuy.

Bair Hugger MDL Closed; Judge Excludes Experts, Awards 3M Summary Judgment

The Minnesota federal judge overseeing the Bair Hugger Warming Devices multidistrict litigation docket has awarded 3M summary judgment on claims that the device can cause periprosthetic joint infection (PJI) after excluding the opinions of plaintiffs’ engineering and medical experts.

Split Preemption Ruling Issued in BHR Hip Federal MDL

The Maryland federal judge overseeing the Birmingham Hip Resurfacing multidistrict litigation docket has refused to dismiss strict liability, warranty and fraud claims relating to the BHR-THA and R3-THA systems and components, rejecting Smith & Nephew’s argument that they are preempted by federal law.

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