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 #103, December 2019
A Maryland federal judge has refused to consolidate two Biomet hip cases for trial, explaining that because each plaintiff received a different implant, they do not share overlapping evidence about the devices.
Plaintiffs alleging injuries caused by Stryker’s Tritanium Acetabular Shell hip replacement device have asked the New Jersey Supreme Court to designate the cases as multicounty litigation, arguing that their claims have “common, recurrent issues of law and fact that are associated with a single product.”
Issue #102, November 2019
A New Jersey federal judge has refused to reconsider her dismissal of a Durom Hip Cup action, ruling that the plaintiff’s failure to provide records requested by Zimmer is inexcusable.
A Minnesota federal judge has vacated a magistrate judge’s order imposing discovery sanctions on Boston Scientific Corp. in a qui tam action accusing it of selling defective cardiac defibrillators, ruling that a hearing should be held on the issue.
A Maryland federal judge has refused to consolidate a Biomet M2a Magnum Hip System case with two other pending Biomet hip cases, noting that unlike the other lawsuits, the plaintiff seeks to recover from a device distributor and its president.
The Judicial Panel on Multidistrict Litigation has transferred an action involving a metal-on-polyurethane hip implant to the Stryker LFIT V40 Femoral Head MDL, finding the case involves common questions of fact with actions previously transferred to the docket.
A federal appeals court has reinstated a Pennsylvania woman’s lawsuit alleging injuries caused by Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head, ruling that a jury must decide whether her claims are timely.
An Indiana federal judge has denied a Magnum hip plaintiff’s motion to compel Biomet Inc. to produce certain documents and information that the company has also provided the Plaintiffs’ Steering Committee, ruling that it would be duplicative.
A Maryland federal judge has consolidated four Biomet M2a Magnum Hip System cases for trial, concluding that there are common questions of fact and law in the cases, and consolidation will not prejudice Biomet.
Wright Medical Inc. has moved to dismiss with prejudice a hip replacement action for lack of prosecution, arguing that the plaintiff has failed to provide requested discovery responses.