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 #96, May 2019
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.
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.
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.
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.
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.
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
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 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.