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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 #94, March 2019

BHR Hip Plaintiffs Seek to Compel Production of Smith & Nephew Presentation

Plaintiffs in the Birmingham Hip Resurfacing hip implant litigation have asked a Maryland federal judge to compel Smith & Nephew to produce a copy of a PowerPoint presentation to its board of directors concerning its metal-on-metal hip products.


Smith & Nephew Settles Ark. Federal Synergy Stem Hip Case

Smith & Nephew has settled a lawsuit involving its Synergy Stem artificial hip, following an Arkansas federal judge’s ruling that questions of fact exist as to whether the device had a manufacturing and/or compositional defect at the time it was implanted.


Cormet Hip Lawsuit Dismissed on Preemption Grounds; Plaintiffs Granted Leave to Amend

Claims filed against the manufacturers of a Cormet hip system are impliedly and expressly preempted because they are based upon state law requirements that do not parallel federal regulations, or impermissibly seek to enforce duties owed to the FDA, a Florida federal judge has ruled.


Fla. Federal Judge Retains Jurisdiction Over Cormet Hip System Case

A Florida federal judge has refused to remand a Cormet metal-on-metal hip system case to state court, ruling that defendant Corin USA Limited’s principal place of business is in England, not Florida, and therefore diversity jurisdiction exists.


4th Cir. Addresses Federal Question Jurisdiction in Essure Case

The 4th Circuit U.S. Court of Appeals has reinstated an Essure birth control case, ruling that the federal district court that dismissed the case on preemption grounds lacked jurisdiction because the claims did not “necessarily raise” disputed federal issues as required by 28 U.S.C. § 1441.


N.Y. Federal Judge Allows Expert Testimony in Howmedica Hip Action

The plaintiff in a Howmedica Osteonics Corp. hip implant case may present expert testimony despite having failed to meet discovery deadlines, because such testimony is critical to her claims, a New York federal judge has ruled.


iBalance Knee Case to Proceed on Theories of Negligence, Fraud in Pa.

A Pennsylvania federal judge has allowed an iBalance knee replacement lawsuit to proceed on theories of negligence and fraud, rejecting Arthrex Inc.’s preemption defense as premature.


Claims Against M2a Hip Designer Dismissed for Lack of Jurisdiction

The judge overseeing the Biomet M2a multidistrict litigation docket has dismissed claims asserted in 23 cases against the designer of the hip device and his company for lack of personal jurisdiction, ruling that they did not have the requisite contacts with the plaintiffs’ home states.


Manufacturing Defect Claim to Proceed in Utah Federal Wright Medical Hip Case

A Utah federal judge has refused to dismiss a manufacturing defect claim asserted against Wright Medical Technology Inc. in connection with its hip replacement system, ruling that the plaintiff sufficiently identified the allegedly defective components.


Arthrex iBalance Knee Action Survives Dismissal Motion

A Pennsylvania federal judge has allowed a lawsuit targeting Arthrex Inc.’s recalled iBalance knee replacement device to proceed, ruling that the manufacturer’s federal preemption defense raises matters extraneous to the pleadings and is raised prematurely.


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