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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 #97, June 2019

Calif. Man Alleges Injuries Caused by Defective Encore Hip System in New Lawsuit

In a new lawsuit filed in state court, a California man says he was left with a permanent limp after being implanted with a defective metal-on-metal hip system manufactured by Encore Medical L.P. d/b/a DJO Surgical.


Warranty, Fraud Claims Dismissed in Ind. Wright Conserve Hip Case

An Indiana federal judge has dismissed breach of warranty claims asserted against Wright Medical Technology Inc. in connection with its Conserve hip system, explaining that while they are not subsumed by the state products liability act, they are time-barred.


Plaintiff Seeks Reinstatement of Knee Lawsuit Against Smith & Nephew, Zimmer

A plaintiff accusing Smith & Nephew and Zimmer Inc. of defectively designing and manufacturing her artificial knee components has moved for relief from an Illinois federal judge’s dismissal of her complaint with prejudice.


Plaintiffs Agree to Dismissal of Tenn. Federal Stabilizer Plate Action

The parties to a case involving stabilizer plates have agreed to dismissal of the action following a Tennessee federal judge’s denial of Stryker Corp.’s motion for summary judgment on the issue of whether it actually supplied the devices at issue.


Spanish Plaintiffs to Appeal Dismissal of Claims from DePuy ASR Hip MDL Docket

A group of Spanish plaintiffs plan to appeal an Ohio federal judge’s dismissal of their claims from the DePuy ASR hip multidistrict litigation docket for forum non conveniens.


Warranty, Misrepresentation Claims Dismissed in Mo. Wright Hip Case

A Missouri federal judge has dismissed claims of breach of express warranty and negligent misrepresentation asserted against Wright Medical Technology Inc. in a Profemur Plus CoCr Modular Neck hip replacement action, ruling that they were not adequately pled.


DePuy Pinnacle Plaintiffs Seek Status Info; PEC Says Defendants Not ‘Engaging in Any Global Resolution’

Plaintiffs in the DePuy Pinnacle hip multidistrict litigation seek a case management conference to discuss an update on the status of the MDL, noting that no further bellwether trials have been set and that the plaintiffs’ executive committee (PEC) has either wound up its business or disbanded.


6 Biomet M2a Hip System Cases Scheduled for Trial Following MDL Remand

Six cases targeting Biomet’s M2a-Magnum and M2a-38 hip replacement systems have been set for trial following the multidistrict litigation court’s remand to their transferor jurisdictions, according to recent scheduling orders.


Plaintiffs in M2a Hip Case May Add Zimmer Biomet Holdings as Defendant

A Kansas federal magistrate judge has allowed the plaintiffs in a Biomet hip replacement action to add Zimmer Biomet Holdings Inc. as a defendant, ruling that the proposed amended complaint asserts viable claims against the company.


Ariz. Court Upholds Summary Judgment Award to Smith & Nephew in Knee Case

An Arizona appellate court has upheld an award of summary judgment to Smith & Nephew and an orthopedic surgeon in a knee replacement action, ruling that the plaintiff failed to present evidence that would allow a jury to infer that their negligence caused the device to fail.


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