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 #90, December 2018

Claims Based on Failure to Submit Adverse Event Reports Preempted, Ariz. High Court Rules

State law failure-to-warn claims based upon a medical device manufacturer’s failure to submit adverse event reports to the FDA are preempted because they seek to enforce the FDCA, which only the federal government may do, the Arizona Supreme Court has ruled.

Boeing Waited Too Long to File Hip Implant Suit Against Biomet, Ind. Federal Judge Rules

An Indiana federal judge has awarded Biomet summary judgment in a lawsuit filed by Boeing as assignee of an employee whose M2a Magnum hips failed, ruling that the employee knew of the possible cause of his injuries long before the action was filed, therefore the claims are time-barred.

Biomet Denied Summary Judgment on Timeliness Issue in M2a Magnum Hip Lawsuit

A lawsuit filed against Biomet in connection with its Magnum M2a hip implant may proceed because there are questions of fact as to whether the claims are timely under Florida law, an Indiana federal judge has ruled.

Biomet Magnum Hip Lawsuit Time-Barred Under Ohio Law, Ind. Federal Judge Rules

A lawsuit filed against Biomet in connection with its Magnum hip implant is time-barred under Ohio’s two-year statute of limitations because the plaintiff failed to file suit within the limitations period, an Indiana federal judge has ruled.

Ind. Federal Judge Dismisses Magnum Hip Action as Time-Barred

An Indiana federal judge has dismissed a Biomet Magnum hip implant case as time-barred, ruling that the plaintiff should have filed suit within Ohio’s two-year statute of limitations for product liability claims.

Kan. Federal Judge Dismisses RICO Lawsuit Against Joint Preservation Device Maker

A federal judge has dismissed a lawsuit accusing a medical device maker of conspiring to convince a Missouri man to undergo unnecessary joint preservation surgery in order to generate inflated profits, ruling that the claims were inadequately pled.

Medtronic Denied Summary Judgment on Fraud Claim in Mich. Spinal Stimulator Case

A Michigan federal judge has denied Medtronic Inc. summary judgment in a case accusing it of fraudulently misrepresenting the safety of a spinal cord stimulator to a patient with known latex and rubber allergies, finding an issue of fact as to causation.

Texas Federal Judge Stays Smith & Nephew Hip Case Pending Possible Transfer to MDL

A Texas federal judge has stayed a case targeting a Smith & Nephew Inc. metal-on-metal hip implant system pending its possible transfer to the BHR hip multidistrict litigation and denied the plaintiff’s motion to remand without prejudice.

Parties Discuss Settlement in Conn. Federal Hip Action

Settlement talks have taken place in a Wright Medical Technology Inc. Profemur Hip lawsuit, following a Connecticut federal judge’s dismissal of the plaintiffs’ claims for design defect, malfunction theory and negligence.

Wright Asserts Affirmative Defenses in Utah Federal Hip System Case

In response to a Utah federal action targeting its hip replacement system, Wright Medical Group Inc. has asserted that the plaintiff’s injuries may have been caused by the acts or omissions of a third person, and that the complaint fails to state a viable claim for relief.

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