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).



Issue #100, September 2019

Ky. Federal Judge Remands DePuy Knee Replacement Action on Basis of Non-Diversity

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.

Negligence, Breach of Warranty Claims Dismissed in DePuy Rotating Platform Knee Case

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

Judge Remands S&N Hip Case, Says Nondiverse Defendants Not Fraudulently Joined

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.

Nev. Federal Judge Awards DePuy Summary Judgment in Synthes Locking System Case

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.

Negligent Misrepresentation Claim Dismissed in Calif. Wright Profemur Hip Case

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).

Smith & Nephew Hip Action Remanded, Surgeon Found Properly Joined

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.

Stryker Robotic Knee Replacement Action to Remain in La. Federal Court

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.

New Lawsuit Says Stryker’s Tritanium Acetabular Cup Failed 1 Year After Implantation

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.

Ind. Federal Judge Denies Biomet’s Motion for Summary Judgment in M2a Hip Case

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.

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