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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.”


4th Cir. Upholds Dismissal of BHR Hip Claims as Time-Barred

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.


Deceptive Plaintiff Lawyer Advertising is Harmful to Public Health … and States are Taking Action

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.


Manufacturing Defect Claim Survives Dismissal Motion in Wright Hip Action

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.


Calif. DePuy Pinnacle Hip Case Stayed Pending Possible Transfer to MDL Docket

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.”


12 BHR Hip MDL Lawsuits Dismissed as Time Barred Under Calif. Law

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.


Two Wright Medical Companies Dismissed from Ind. Federal Hip Action

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

BHR Hip MDL Judge Adds 3 New Attorneys to Plaintiffs’ Steering Committee

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 to Appeal Award of Summary Judgment to 3M in Bair Hugger MDL

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.


S&N Moves to Dismiss Claims in 34 BHR Hip Track Complaints as Untimely

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.


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