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 #94, March 2019

Arthrex iBalance Knee Action Survives Dismissal Motion

A Pennsylvania federal judge has allowed a lawsuit targeting Arthrex Inc.’s recalled iBalance knee replacement device to proceed, ruling that the manufacturer’s federal preemption defense raises matters extraneous to the pleadings and is raised prematurely.

Shoulder Implant Suit Remanded, Claims Against Healthcare Defendants Deemed Viable

A California federal judge has remanded a lawsuit accusing Arthrex Inc. 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.

Smith & Nephew BHR Hip Action Remanded for Lack of Diversity Jurisdiction

A Kansas federal judge has remanded a lawsuit involving Smith & Nephew’s Birmingham Hip Resurfacing System, ruling that the plaintiff has asserted viable claims under the state products liability act against a non-diverse sales representative, resulting in lack of diversity jurisdiction.

Arthrex iBalance Knee Lawsuit to Proceed in Pa., Survives Dismissal Motion

A Pennsylvania federal judge has refused to dismiss a lawsuit targeting Arthrex Inc.’s iBalance knee implant, finding the plaintiffs’ claims are timely because the limitations period did not start running until the plaintiff’s second knee implant failed.

Issue #93, February 2019

South Carolina Couple Asks 8th Cir. to Overturn Bair Hugger Defense Verdict

A South Carolina couple are appealing a Minnesota federal judge’s denial of their motion for a new trial in a Bair Hugger Forced Air Warming System case.

High Court: Rule 23(f) Deadline to Petition for Permission to Appeal Cannot be Extended

The U.S. Supreme Court has ruled that federal appellate courts may not extend the deadline to file a petition for permission to appeal a class decertification ruling because Federal Rule of Civil Procedure 23(f) is not subject to equitable tolling.

Issue #92, February 2019

Parties in Zimmer M/L Taper Hip MDL May Use State Action Discovery, Judge Says

The judge overseeing the federal docket for cases involving the Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head said the parties may use discovery already produced in related state court actions “to the extent that discovery is consistent with the discovery and protective orders that will be entered in this MDL.”

Lawsuit Involving Orthofix’s Cervical Plating System Dismissed

An Oregon federal judge has dismissed a lawsuit accusing a spinal implant manufacturer of providing a surgeon with inaccurate information concerning removal of the device, ruling that the plaintiff’s evidence constitutes inadmissible hearsay.

Plaintiff Urges MDL Court to Remand Smith & Nephew Hip Case to Texas State Court

A plaintiff is urging a multidistrict litigation court to remand his action targeting Smith & Nephew’s multi-component metal-on-metal hip implant system to Texas state court, arguing that he has asserted viable claims against the non-diverse healthcare and sales representative defendants.

588 Cases Pending on Smith & Nephew BHR Hip MDL Docket, Filing Says

According to a recent filing by Smith & Nephew Inc., there are 588 active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.

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