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 #92, February 2019

Perspectives: 'Challenging the Plaintiff’s Economic Expert'

Erik W. Legg and Stephanie M. Rippee discuss common issues faced by defense counsel when challenging an opposing party’s expert economist or accountant and provide examples of several approaches to the expert challenge.

Claims Against Supplier of Hip Components Preempted, Idaho Federal Judge Rules

The Biomaterials Access Assurance Act (BAAA) preempts product liability claims against the supplier of component parts used in a hip replacement system that later failed because the defendant was not identified as the manufacturer of the system, an Idaho federal magistrate judge has ruled.

Issue #91, January 2019

Parties File Competing Proposed Case Management Orders in Zimmer M/L Taper Hip MDL

The parties in the Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head MDL have submitted a proposed agenda for the Jan. 29 conference, in which they agreed that federal and state actions should be coordinated.

Ind. Federal Judge Transfers Biomet M2a Hip Case to Texas

An Indiana federal judge has ruled that a tag-along action filed in the Biomet M2a Magnum Hip multidistrict litigation should be transferred to the Western District of Texas, where the plaintiff’s injury manifested, and his revision surgery occurred.

Iowa Federal Judge Addresses Motions to Strike Affirmative Defenses in Biomet Hip Case

An Iowa federal judge has denied in part plaintiffs’ motion to strike various affirmative defenses asserted in a M2a Magnum Hip System case, ruling that Biomet may argue that the claims are barred by the Restatement (Second) and (Third) of Torts, its compliance with industry standards, plaintiffs’ assumption of risk as to product liability, and preemption.

DePuy, J&J to Pay $120 Million to Resolve Hip Device Deceptive Marketing Claims

DePuy Orthopaedics and its parent Johnson & Johnson have agreed to pay $120 million to settle deceptive marketing claims asserted by several states involving the companies’ metal-on-metal hip implants.

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).

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