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 #92, February 2019
An Arkansas federal judge has denied Smith & Nephew summary judgment in a case involving its Synergy Stem artificial hip, finding questions of fact as to whether the device had a manufacturing and/or compositional defect at the time it was implanted.
Johnson & Johnson and subsidiary DePuy Orthopaedics are reportedly willing to settle 17 bellwether Pinnacle metal-on-metal hip implant cases and a federal jury was dismissed from a multi-plaintiff retrial in Dallas.
A Delaware federal judge has allowed the plaintiffs in a St. Jude spinal stimulator case to amend their failure-to-warn claim, ruling it is not preempted to the extent it alleges failure to notify the Food and Drug Administration of adverse events.
A New York federal judge has awarded Zimmer summary judgment in a lawsuit targeting its Gender Solutions Natural-Knee Flex system, ruling that the allegedly inadequate warnings accompanying the device did not proximately cause the plaintiff’s injuries.
Erik W. Legg and Stephanie M. Rippee discuss common issues faced by defense counsel when challenging an opposing party’s expert economist or accountant and provide examples of several approaches to the expert challenge.
The Biomaterials Access Assurance Act (BAAA) preempts product liability claims against the supplier of component parts used in a hip replacement system that later failed because the defendant was not identified as the manufacturer of the system, an Idaho federal magistrate judge has ruled.
Issue #91, January 2019
The parties in the Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head MDL have submitted a proposed agenda for the Jan. 29 conference, in which they agreed that federal and state actions should be coordinated.
An Indiana federal judge has ruled that a tag-along action filed in the Biomet M2a Magnum Hip multidistrict litigation should be transferred to the Western District of Texas, where the plaintiff’s injury manifested, and his revision surgery occurred.
An Iowa federal judge has denied in part plaintiffs’ motion to strike various affirmative defenses asserted in a M2a Magnum Hip System case, ruling that Biomet may argue that the claims are barred by the Restatement (Second) and (Third) of Torts, its compliance with industry standards, plaintiffs’ assumption of risk as to product liability, and preemption.
DePuy Orthopaedics and its parent Johnson & Johnson have agreed to pay $120 million to settle deceptive marketing claims asserted by several states involving the companies’ metal-on-metal hip implants.