November 9, 2015 — Zimmer Inc. has won the first “bellwether” trial out of nearly 1,000 federal lawsuits involving premature loosening of the NexGen knee replacement.
The lawsuit was filed by Kathy Batty, a custodian for the Post Office who was implanted with NexGen Flex components in both of her knees in April 2009.
Within months, she began experiencing chronic pain and limited flexibility. The problems continued to worsen until 2011, when she underwent revision surgery in both of her knees.
She claims the NexGen is defectively designed and should not be marketed as a “high flexibility” implant. In a phenomenon known as “posterior edge loading,” she claims the implant puts too much pressure on the back (“posterior”) edge of the tibial component.
After a month-long trial in Chicago, attorneys for Zimmer argued that Batty did not have enough evidence to prove the implants failed due to a design defect, Law360 reports.
Instead, they said Batty was partly responsible because she returned to work and performed too much physical activity too soon after surgery. They also said her surgeon inadequately secured the implant.
The so-called “bellwether” trial was selected by plaintiffs’ attorneys and was the first of over 900 cases to go before a jury. The litigation has been centralized in a Multi-District Litigation (MDL No. 2272) overseen by U.S. District Judge Rebecca Palmeyer in federal court in Illinois.
The outcome of a bellwether trial is not binding on other cases in the litigation. However, they are useful for determining how a jury will respond to evidence. If the jury awards damages, it can also help expedite a settlement or other resolution for other cases involving similar injuries.
Do I have a Zimmer NexGen Lawsuit?
The Schmidt Firm, PLLC is currently accepting Zimmer NexGen induced injury cases in all 50 states. If you or somebody you know needed revision surgery, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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