Approximately 1,010 cases are pending in the
Zimmer NexGen MDL 2272. People from all over the United States make up that
large number, each alleging that defective components in Zimmer’s range of knee
implants caused the systems to fail within a few years. This MDL was created in
August 2011 and consolidated 28 filed cases. We are now getting closer,
albeit still very far away, from the first bellwether trial. ‘Bellwether’ cases
are intended to help all parties gauge the likely reaction of juries and are a
great tool for both sides to evaluate their positions.
Judge Rebecca R. Pallmeyer, the presiding Judge
in the NexGen MDL, ordered both sides to select cases for the bellwether
hearings no later than June 20, 2013. To be eligible for early trial, a case
must have been transferred to the MDL prior to January 25, 2013, and plaintiffs
must have provided medically authorized ‘Fact Sheets’ by April 25, 2013.
Out of that group of potential cases, the court
is expecting to select those slated to go to trial by February 2014. Between now
and February 2014, both sides must take expert witness depositions. Judge
Pallmeyer indicated that the first Zimmer NexGen knee lawsuit will be ready for
trial by January 2015. However, this date could easily be pushed back as we
have seen in the ASR MDL.
If you suspect that your knee implant is loose,
it is important to visit your doctor. Your doctor will likely perform bone
scans and X-rays tests to determine the viability of your implant. Pittman,
Dutton & Hellums, P.C., is currently investigating claims for those people
with Zimmer knee implants who have been told their knee must be revised or they
have already been revised. Please contact Booth Samuels toll free at
1-866-515-8880 or by email at booths@pittmandutton.com
for a free case evaluation.
