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 #96, May 2019

Mo. Federal Orthopedic Nail Lawsuit Dismissed for Lack of Specific Jurisdiction

A lawsuit based upon Smith & Nephew Inc.’s allegedly defective orthopedic nail device does not belong in Missouri court, a federal judge has ruled, explaining that the claims do not have sufficient ties to the state.

N.J. Judge Remands Biomet Hip Case, Says Non-Diverse Distributors Properly Joined

A New Jersey federal judge has remanded a Biomet Magnum hip case to state court, ruling that the plaintiff has alleged viable product liability claims against the non-diverse distributor defendants and therefore they were not fraudulently joined.

Judge Refuses to Remand Ala. Nail Case on Amount-in-Controversy Basis

An Alabama federal judge has refused to remand an orthopedic nail case to state court, ruling that the amount-in-controversy requirement is most likely met because the plaintiff seeks both compensatory and punitive damages from Stryker Corp.

Stryker Denied Summary Judgment in Tenn. Federal Stabilizer Plate Action

A Tennessee federal judge has refused to award Stryker Corp. summary judgment in a case involving stabilizer plates, ruling that further discovery is needed to determine whether the manufacturer supplied the devices at issue.

DePuy ASR Hip MDL Judge Dismisses Spaniards’ Cases on Forum Non Conveniens Grounds

The Ohio federal judge overseeing the DePuy ASR hip MDL docket has dismissed several cases filed by Spanish residents, ruling that the actions should be tried in Spain, where the surgeries and associated medical care took place.

N.Y. Federal Judge Says Distributor Defendants Fraudulently Joined to Hip Action

A New York federal judge has refused to remand a Zimmer hip implant case, ruling that the non-diverse distributor defendants were fraudulently joined because plaintiffs’ Ohio Product Liability Act claims against them were implausible.

Issue #95, April 2019

Plaintiffs in 5 Stryker Rejuvenate, ABG II Hip Cases Seek Case-Specific Discovery

The plaintiffs in five cases pending on the Stryker Rejuvenate and ABG II hip MDL docket have asked a Minnesota federal judge to allow case-specific discovery and depositions, explaining that their settlement discussions with Stryker’s counsel have failed.

Smith & Nephew Asks BHR Hip MDL Judge for Federal-State Coordination Order

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.

Fla. Federal Judge Transfers Stryker Hip Replacement Case to N.J., Refuses to Dismiss

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.

Ark. Federal Judge Retains Jurisdiction over Biomet M2a Hip Case

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.

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