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 #89, November 2018

Utah Federal Judge Dismisses Manufacturing Defect, Fraud Claims in Wright Hip System Case

A Utah federal judge has dismissed manufacturing defect and breach of express warranty claims asserted against Wright Medical Group Inc. in connection with its hip replacement system, ruling that they are insufficiently pled.

Encore Medical Accused of Hiding Hip System’s Defects, Failing to Warn Surgeons

A Missouri woman has sued Encore Medical L.P. d/b/a DJO Surgical, accusing it of failing to warn her surgeon that its hip system is prone to femoral stem disassociation and failing to adequately test the device before placing it on the market.

Wash. Judge Imposes Discovery Sanctions on Biomet in Magnum Hip Lawsuit

A Washington state judge has imposed sanctions on Biomet Inc. in the form of attorneys’ fees for failing to comply with plaintiffs’ discovery requests in a Magnum hip replacement lawsuit.

Confidential Settlement Reached in Stryker LFIT CoCr V40 Femoral Heads MDL

The Massachusetts federal judge overseeing the Stryker LFIT CoCr V40 Femoral Heads hip implant multidistrict litigation has stayed the litigation pending finalization of a confidential settlement agreement.

Minn. Federal Judge Denies Plaintiffs’ Motion for New Trial in Bair Hugger Case

A Minnesota federal judge has denied a couple’s motion for a new trial in the first bellwether Bair Hugger warming device case, ruling that the court did not err in excluding evidence of defendants’ knowledge of risk-utility because their mental state is not an element of a strict liability design defect claim.

Texas Man Says DePuy’s Global Advantage Shoulder Implant Defectively Manufactured

A Texas man has sued DePuy Orthopaedics Inc. in connection with its shoulder implant system, alleging the manufacturer failed to adequately warn surgeons of the device’s propensity to become loose and/or fracture.

Issue #88, October 2018

Wis. Federal Judge Sends M-COR Hip Case to Trial on Defective Design Claim

A jury must decide whether a hip implant distributed by Plus Orthopaedics LLC was defective because there is conflicting expert testimony as to whether the device was not properly designed to handle the loads it would bear over a lifetime of use, a Wisconsin federal judge has ruled.

Arthrex Moves to Dismiss Pa. Federal iBalance Knee Lawsuit

Arthrex Inc. has moved to dismiss a Pennsylvania federal lawsuit targeting its recalled iBalance knee replacement device, arguing the claims are federally preempted and barred by comment k of Section 402A of the Restatement (Second) of Torts.

Pa. Couple’s iBalance Knee Lawsuit Should be Dismissed, Arthrex Argues

Arthrex Inc. argues that negligence and strict liability claims asserted by a Pennsylvania couple in an iBalance knee implant lawsuit are federally preempted and barred by comment k of Section 420(a) of the Restatement (Second) of Torts.

Biomet M2a Plaintiff Must File Brief Supporting Assertion that Case Belongs in N.Y. Federal Court

The Indiana federal judge overseeing the Biomet M2a Magnum hip implant multidistrict litigation docket has ordered a plaintiff to file a brief in support of his assertion that his case should be tried in the Western District of New York.

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