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 #97, June 2019

Mo. Federal Judge Transfers DePuy Knee Replacement Case to Kansas

A Missouri federal judge has transferred a DePuy knee replacement action to Kansas, ruling that the claims do not have sufficient connections to Missouri and therefore specific jurisdiction is lacking.

Ill. Federal Judge Dismisses Knee Implant Lawsuit Against Smith & Nephew, Zimmer

An Illinois federal judge has dismissed a lawsuit accusing Smith & Nephew and Zimmer Inc. of defectively designing and manufacturing artificial knee components, ruling that the plaintiff failed to sufficiently allege how the defects caused her injuries.

Issue #96, May 2019

Smith & Nephew Parent Corporation Dismissed from Miss. Federal Hip Implant Action

A Mississippi federal judge has dismissed Smith & Nephew Inc.’s parent company from a hip replacement action for lack of jurisdiction, finding that it had no role in the design or sale of the device’s components.

N.C. Federal Judge Says Negligence Claim Preempted in DePuy Knee Implant Case

Claims that DePuy negligently failed to provide the FDA with adverse event reports concerning a knee replacement system are preempted by federal law because there is no parallel state law requiring the manufacturer to do so, a North Carolina federal judge has ruled.

2nd Cir. Upholds Summary Judgment Award to Zimmer in Knee Implant Case

A federal appeals court has affirmed an award of summary judgment to Zimmer Inc. in a knee replacement action, agreeing with the trial court that the plaintiff cannot support his design defect claim because he failed to timely identify any expert testimony.

Parties Agree to Dismissal with Prejudice of Wright Knee Replacement Lawsuit

A plaintiff has agreed to dismissal of her Utah federal lawsuit accusing Wright Medical Technology Inc. of fraudulently concealing the dangers of its Profemur metal-on-metal hip system, according to a recent filing.

Va. Federal Judge Remands DePuy Hip Case, Says Conversion Claims Viable

A Virginia federal judge has remanded a DePuy hip replacement action to state court, ruling that the plaintiff has a possibility of succeeding on claims in which she accuses the non-diverse defendants of refusing to provide her with explanted pieces of her device following revision surgery.

Biomet Hip MDL Judge Dismisses Fraud, Misrepresentation Claims with Prejudice

The judge overseeing the Biomet M2a multidistrict litigation docket has dismissed with prejudice fraud and misrepresentation claims in 18 cases, after denying plaintiffs’ motion for an extension of time to amend the claims.

Plaintiffs Oppose Motion for Federal-State Coordination Order in BHR Hip MDL

Plaintiffs in the Birmingham Hip Resurfacing multidistrict litigation have opposed Smith & Nephew’s motion for an order coordinating the federal litigation with parallel state court proceedings, arguing that such an order is not warranted given the small number of state cases.

Howmedica Moves to Exclude Plaintiff’s Expert Testimony in N.Y. Hip Case

A New York federal judge has allowed Howmedica Osteonics Corp. to renew its motion for summary judgment and to exclude expert testimony in a hip implant case.

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