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 #95, April 2019
Smith & Nephew Inc. has asked the judge overseeing the Birmingham Hip Resurfacing docket to enter an order coordinating the MDL with parallel state court litigation, arguing that it will prevent duplication of discovery.
A Florida federal judge has transferred a Stryker hip replacement lawsuit to New Jersey federal court on personal jurisdiction grounds, finding the interests of justice require transfer of the action rather than dismissal.
An Arkansas federal judge has retained jurisdiction over an M2a Magnum hip action, ruling that although the plaintiff’s surgeries took place in a different jurisdiction, Biomet waived venue and therefore it would be inappropriate to _sua sponte_ dismiss or transfer the case.
A New York federal judge has remanded a DePuy hip replacement action to state court, ruling that the non-diverse healthcare defendants were not fraudulently joined because the malpractice claims against them arise from the same occurrence as the product liability claims against the manufacturer defendants.
According to a recent filing by Smith & Nephew Inc., there are 626 active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.
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 has scheduled the first bellwether trial to begin on Sept. 14, 2020.
A Texas man is urging a Maryland federal judge to remand his action targeting Smith & Nephew’s 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.
Howmedica Osteonics Corp. seeks to exclude expert testimony in a New York federal hip implant case, arguing that the plaintiff has continued to miss discovery deadlines, despite the court’s warning that her case will be dismissed if she continues to do so.
The Judicial Panel on Multidistrict Litigation has continued transferring cases to the DePuy Pinnacle hip MDL docket in Texas federal court, explaining that while potential settlements may resolve a “large” number of the cases, “there remain significant benefits to pretrial transfer.”
Exactech Inc. maintains that a lawsuit targeting its AcuMatch hip implant is time-barred because there is no evidence that the plaintiff suffered from a “latent disease” that would toll the limitations period.