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 #100, September 2019
A Kentucky federal judge has remanded a DePuy knee replacement action, ruling that a nondiverse hospital defendant was not improperly joined because the causation and apportionment of fault for the alleged injuries implicate common questions of fact and law as to all defendants.
Application of ‘Avoidably Unsafe’ Doctrine Should be Decided on Case-By-Case Basis, Utah High Court Rules
The question of whether the "unavoidably unsafe" doctrine in comment k to Section 402A of the Restatement (Second) of Torts applies to implanted medical devices should be decided on a case-by-case basis, the Utah Supreme Court has ruled.
A Virginia federal judge has dismissed without prejudice negligence claims filed against DePuy in connection with its rotating platform knee, ruling that the plaintiff failed to specify a defect in the device’s implant’s manufacture or design, or in the warnings provided.
Issue #99, August 2019
A Maryland federal judge has remanded a Smith & Nephew hip replacement action, ruling that the plaintiff has plausible claims against the nondiverse healthcare and sales representative defendants which relate to the surgeon’s off-label use of the device’s components.
A Nevada federal judge has awarded DePuy Synthes Sales Inc. summary judgment in a lawsuit targeting its Synthes Locking System, finding the plaintiff failed to prove that the device was defectively designed and manufactured or accompanied by inadequate warnings.
A California federal judge has dismissed a negligent misrepresentation claim asserted against Wright Medical Technology Inc. regarding its Profemur Z hip replacement system, finding the allegations were not pled with the specificity required by Rule 9(b).
A Maryland federal judge has remanded a Smith & Nephew hip case to state court, ruling that the plaintiff has asserted viable claims of negligence against the nondiverse healthcare defendants.
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.
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.
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.