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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 #91, January 2019

Claims Against Alleged Designer of M2a Magnum Hip Dismissed for Lack of Jurisdiction

An Indiana federal judge has refused to reconsider his dismissal of claims against a Florida doctor who allegedly helped design the Biomet M2a Magnum hip implant, finding the plaintiffs failed to present evidence that he or his company consented to personal jurisdiction.


Texas Federal Judge Oversees Retrial in Multi-Plaintiff DePuy Pinnacle Hip Implant Case

Retrial of a case targeting DePuy’s Pinnacle hip implant has begun in Texas federal court, following the 5th Circuit U.S. Court of Appeals’ reversal of a $502 million verdict due to “serious evidentiary errors” committed by the trial court.


Joinder of Sales Rep in Spinal Device Case Destroys Diversity Jurisdiction, Federal Judge Rules

An Alabama federal judge has remanded a spinal fixation system case filed against Synthes Spine Inc., ruling that the plaintiff asserted viable claims against an in-state sales representative, thereby destroying diversity jurisdiction.


Ark. Federal Judge Orders Parties to Brief Forum Issue in Biomet Magnum Hip Case

An Arkansas federal judge has ordered the parties in a Biomet M2a Magnum hip implant case to present arguments as to why the case should not be transferred to a more convenient forum pursuant to 28 U.S.C. Section 1404(a).


Calif. Man Says Arthrex Misrepresented Safety of SwiveLock Shoulder Implant System

A California man has sued Arthrex Inc., accusing it of misrepresenting the safety and efficacy of its SwiveLock shoulder implant system, and failing to adequately test the device before aggressively marketing it to surgeons.


Mich. Federal Judge Denies Medtronic’s Bid for Reconsideration in Spinal Stimulator Case

A Michigan federal judge has refused to reconsider her denial of Medtronic’s summary judgment motion in a case accusing it of fraudulently misrepresenting the safety of a spinal cord stimulator to a patient with known latex and rubber allergies.


Wright Ordered to Produce Cloned Discovery in ProFemur Plus CoCr Modular Neck Case

A Massachusetts federal judge has ordered Wright Medical Technology Inc. to produce cloned discovery in a case involving a fractured ProFemur Plus CoCr Modular Neck component that was generated in other cases involving fractures of the same device.


N.C. Courts Should Decide Whether 7 Biomet Hip Cases Were Timely, Ind. Federal Judge Rules

The judge overseeing the M2a Magnum Hip multidistrict litigation docket has denied Biomet’s motion for summary judgment on statute of repose grounds in seven cases, ruling that a North Carolina court should decide the issue because it potentially presents questions of first impression.


Issue #90, December 2018

Ind. Federal Judge Remands/Transfers 11 Biomet M2a Magnum Hip Cases to Home Venues

The Indiana federal judge overseeing the Biomet M2a Magnum hip multidistrict litigation docket has remanded or transferred 11 cases included in Proposed Remand/Transfer Group 2 to their home venues.


DJO Medical Moves to Dismiss Putative Class Action Targeting Walking Boot

A walking boot manufacturer has moved to dismiss a putative class action accusing it of fraudulently concealing the device’s risks, arguing that the plaintiff failed to plead his claims with the particularity required by Rule 9(b).


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