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 #101, October 2019
General Counsel from 45 National Companies Seek Amendments to MDL Procedures, Cite ‘Basic Lack of Fairness’
In a letter recently sent to the Committee on Rules of Practice and Procedure, the general counsel for 45 major companies –– including Johnson & Johnson, ExxonMobil, and Microsoft Corp. –– have urged the Civil Rules Advisory Committee to review procedures used in multi-district litigation proceedings, citing a “point of crisis.”
A federal appeals court has refused to reinstate a lawsuit filed against Smith & Nephew in the Birmingham Hip Resurfacing multidistrict litigation, affirming that it is time-barred under the applicable statutes of limitation.
Mark Behrens of Shook Hardy & Bacon and Ashley Garry of Eli Lilly & Co. discuss the problems with plaintiff lawyer advertisements that target prescription drugs and medical devices for litigation. The authors analyze the new Tennessee and Texas laws and briefly respond to opponents’ claims that regulating misleading lawsuit advertising violates the First Amendment.
A Minnesota federal judge has denied Wright Medical Technology’s motion to dismiss a strict liability manufacturing defect claim in a hip replacement action, ruling that the plaintiff adequately alleged that the components she received differed from the intended design.
A California federal judge has stayed a DePuy Pinnacle hip action pending the Judicial Panel on Multidistrict Litigation’s determination on whether to transfer the case to the MDL docket, ruling that a stay “would advance judicial economy.”
A Maryland federal judge has dismissed 12 Smith & Nephew Birmingham Hip Resurfacing cases as time-barred under California law, finding that each plaintiff was aware of a potential cause of action, thereby triggering the state’s two-year limitations period.
An Indiana federal judge has dismissed Wright Medical Technology and Wright Medical Group N.V. from a Profemur hip implant action, ruling that the plaintiffs failed to establish specific or general jurisdiction over those defendants.
Issue #100, September 2019
A Maryland federal judge revised the first case management order issued in the Smith & Nephew BHR hip multidistrict litigation, adding three new attorneys to the Plaintiffs’ Steering Committee.
Plaintiffs plan to appeal a Minnesota federal judge’s award of summary judgment to 3M on claims that the Bair Hugger Warming Devices can cause periprosthetic joint infection (PJI), according to a recent filing on the multidistrict litigation docket.
Smith & Nephew Inc. has moved to dismiss as time-barred virtually all of the claims asserted in 34 Birmingham Hip Resurfacing complaints on the federal multidistrict litigation docket, arguing that 15 of them are untimely under Alabama, Michigan and New York law.