News & Analysis as of

Hip Replacement

E.D. Wash. Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Our first stint in a law firm was on the transactional side. Yes, it sounds crazy even to us, but we spent our first 18 months in the profession pulling all-nighters on triple-tier financings of leveraged buyouts, doing...more

Only You Can Prevent….

by Reed Smith on

We’ve seen the latest affirmance of largely identical verdicts in a consolidated MDL trial in Campbell v. Boston Scientific Corp., ___ F.3d ___, 2018 WL 732371 (4th Cir. Feb. 6, 2018). We’re not discussing Campbell’s merits...more

CMS Issues Billing Guidance for Major Joint Replacement (Hip or Knee)

by Tucker Arensberg, P.C. on

In the January 11, 2018 issue of MLN Connects, CMS has now widely publicized that it issued billing guidance for major joint replacements (hip or knee) in May 2017 at ICN909065. CMS reports that major joint replacement is...more

The Case of the Double-Dipping, Creative-Editing Plaintiff

by Reed Smith on

This week saw the birthdays of two folks who were sort of prominent in our youth. First, Uri Geller, the Israeli ‘psychic’, turned 71. He showed up on our tv constantly in the 1970s and 80s, bending spoons with his mind. ...more

EDNY Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Happy birthday, Christopher Plummer. The great Canadian actor turns 88 today, and seems as vibrant as ever. What a marvelous career Plummer has had. He is a preeminent Shakespearean actor. We saw him play Iago to James...more

Fraud on the FDA? If Not Preempted, It Is Trumpery

by Reed Smith on

With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are always on the lookout for ways in which plaintiffs attempt to circumvent...more

Healthcare Law Update: September 2017

by Holland & Knight LLP on

OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

Guest Post – Before the Flood: Fifth Circuit Oral Argument on Writ of Mandamus From Pinnacle Hip Implant MDL

by Reed Smith on

Today’s guest post is by Reed Smith Houston office associate Curtis Waldo. Given the Noachic weather down there recently, one might ask “where’s Waldo?” The answer is safe and sound, if not quite high and dry. Curt is...more

Eleventh Circuit Gets It Wrong on Preemption

by Reed Smith on

We have a point of view. Our readers understand that we represent folks on the right side of the v., and our posts tend to read cases and legal trends with a pro-defense bent, although you can rest assured that we put a lot...more

Eleventh Circuit Affirms A Very Unhappy Unverdict Against Hip Manufacturer

by Reed Smith on

A funny thing happened on the way to a defense verdict last year—after the jury decided that the defendant’s product was not defective, the MDL judge told the jurors that perhaps they did not “fully understand” and instructed...more

Hip Implant MDL Denies Summary Judgment on Claims of Plaintiffs Who Failed to Preserve Explanted Devices

by Reed Smith on

Regular readers of this blog know that we have a pretty jaded view of many MDLs. Obviously consolidation makes sense, at least on paper, in terms of efficiency and the best use of scarce court resources. But, in practice,...more

Stryker Accolade TMZF and L-Fit V40 Chrome/Cobalt Head Failures – Not Just a Large Head Problem, Or Is It a Head Problem At All?

For over four years I have been investigating problems associated with Stryker Accolade TMZF Titanium hip stems. Of course the Rejuvenate and ABG II failures and subsequent recall are well-known and much written about. But,...more

Hip Case Breaks the Right Way in New York

by Reed Smith on

A recent case in the Southern District of New York debunks two myths that we see all the time. Myth number one: A medical device is defective if it fails. Myth number two: A plaintiff can prove causation on a...more

Alter Ego and Agency – A Different Spin on Jurisdiction

by Reed Smith on

This is the second time in two years that we have written the Drug and Device Law Christmas blogpost. Last year, your dedicated blogger posted on Christmas Day a nice little piece on innovator liability that we are sure you...more

District Court Applies Law of Would-Be Filing Court in Fee Dispute in Hip Implant Case Filed Directly Into MDL

by Reed Smith on

Last week, along with many of you, we attended the ACI Drug and Medical Device Conference in New York City. The quality of the presentations was uniformly high, and the collegiality and camaraderie were welcome, refreshing,...more

Dispensing With Commencing: A Statute of Limitations Gift

by Reed Smith on

As we head into December, there is quite a bit of attention being paid to when sales start, when shipping occurs, and when gifts are given. Were one concerned with such an inquiry, one might imagine a few different points in...more

How Do I Know If I Have a Recalled Hip?

As a medical device lawyer for more than 20 years, I have received so many calls from patients who are concerned that they have a recalled hip implant in their body. Often, their first notice of a potential problem with their...more

What are experts saying about Stryker Accolade V40?

Stryker Accolade V40 LFIT Hip Implant Dissociation - Over the past few years, various orthopedic surgeons around the country and their patients have faced a catastrophic failure of Stryker’s Accolade and V40 LFIT hip...more

Are Stryker V40 Femoral Heads (CoCr) Defective?

Stryker V40 Femoral Heads (CoCr) Associated With Spontaneous and Catastrophic Head-Neck Dissociation - Stryker may face yet another crisis associated with their total hip replacement medical devices – and this time it...more

Australia Concerned About Stryker Made LFIT Femoral Heads

On September 27, 2016, the Department of Health Therapeutic Goods Administration (the Australian equivalent of the Food & Drug Administration) issued a hazard alert relating to LFIT Anatomic CoCr V40 femoral heads...more

Defendant Did Not “Fail to Warn” Where It Warned of Exactly What Happened to the Plaintiff’s Artificial Hip

by Reed Smith on

We (in its blog-specific singular version) are longstanding country music fans. There is backstory – call us when you are in Philadelphia and we will tell you about it over coffee. Suffice it to say that Nashville, the Grand...more

Sales Reps Denied Summary Judgment in Artificial Hip Case Despite Absence of Legal Duty to the Plaintiff

by Reed Smith on

Once upon a time there was a federal judge . . . . When we were little, we liked it when our mom spun free-form fairy tales for us. We would contribute the object of the “was” (“Once upon a time there was a . . . bullfrog”),...more

Also In The News - Health Headlines - November 2015 #2

by King & Spalding on

OMB Reviewing Final Rule Regarding New Payment Model for Hip and Knee Replacements – The White House Office of Management and Budget (OMB) received for review on October 28, 2015, a final rule establishing a new Medicare...more

Texas Jury in The First Pinnacle Hip Trial Returns a Verdict for the Defense

This is what a common hip prosthesis looks like. The Pinnacle has a metal cup instead of a polyethylene (plastic) cup. In 2009, Kathleen Herlihy-Paoli was implanted with a metal-on-metal Pinnacle hip....more

Stryker Hip Replacements Linked to Metal Poisoning

by Hissey Kientz LLP on

Studies show that patients with metal-on-metal hip replacements including the Stryker Rejuvenate and Stryker ABG II models face an increased risk of developing metallosis, or metal poisoning from their implant. ...more

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