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 #103, December 2019
An Illinois federal judge has granted a motion by plaintiffs in the now-closed Zimmer NexGen Knee Implant multidistrict litigation for distribution of funds set aside for attorneys’ fees and litigation costs.
The judge overseeing the Stryker LFIT CoCr V40 Femoral Heads hip implant multidistrict litigation has dismissed with prejudice actions in which the plaintiffs’ claims were resolved in a November 2018 confidential settlement.
A Maryland federal judge has refused to reinstate a Smith & Nephew Birmingham Hip Resurfacing case, ruling that the plaintiff’s continued failure to file a complete fact sheet constitutes inexcusable neglect warranting dismissal of his case with prejudice.
A Georgia legislative panel has recommended a series of tort reform measures, which include imposing a $250,000 cap on punitive damage awards in medical malpractice, product liability and personal injury actions.
Non-Manufacturing Sellers May Use ‘Innocent Seller’ Provision as Affirmative Defense, Miss. High Court Rules
The Mississippi Supreme Court has ruled that the “innocent seller” provision of the state’s Products Liability Act provides an affirmative defense for non-manufacturing product sellers because it gives immunity to innocent sellers without placing a burden of proof on a plaintiff.
A Maryland federal judge has refused to reinstate a lawsuit targeting Smith & Nephew Inc.’s Birmingham Hip Resurfacing implant, ruling that the plaintiff’s failure to timely provide a complete fact sheet prejudiced the defendant and wasted the court’s time and resources.
A Mississippi federal judge has denied a plaintiff’s motion to amend his manufacturing defect claim in a Smith & Nephew hip replacement action, finding the proposed amended claim does not explain how the components deviated from specification.
Zimmer Inc. has asked the judge overseeing the MDL docket for cases involving its M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head to allow it to conduct informal interviews with the bellwether plaintiffs’ surgeons.
The judge overseeing the MDL docket for cases involving the Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head has adopted the parties’ proposed amended schedule, setting Jan. 25, 2021 as the date for the first bellwether trial.
As of Dec. 2, there were 9,903 product liability cases pending on the DePuy Pinnacle Hip Implant Products Liability Multidistrict Litigation docket pending in Dallas, according to a recent filing.