Tuesday, March 17, 2015

Zimmer Defendants Picks For Bellwhether Trial

The Zimmer NexGen Knee MDL seems to finally be making some headway. Just yesterday, the defendants filed with the Court their choices for bellwhether trials. Because of disagreements between the parties, the earlier choices were disregarded. The list of choices are below:

           
            Gloria Ebarb v. Zimmer, Inc., et al., Case No. 1:13-cv-02679
            Original District: Western District of Arkansas
            Plaintiff’s Counsel: Sean T. Keith – Keith, Miller, Butler, Schneider &
            Pawlik, PLLC; Randi Kassan – Sanders Viener Grossman, LLP

            Mark Stephen Dobrzynski & Laura Left Dobrzynski, by Trustee Richard M.
            Fogel v. Zimmer, Inc., et al., Case No. 1:11-cv-07847
            Original District: Northern District of Illinois
            Plaintiff’s Counsel: Don K. Ledgard – Capretz & Associates;
            Paul J. Fina – Fina & Hunter

            Richard Lawrence v. Zimmer, Inc., et al., Case No. 1:12-cv-05201
            Original District: District of Minnesota
            Plaintiff’s Counsel: Stacy K. Hauer and Timothy Becker – Johnson
            Becker, PLLC; Randi Kassan – Sanders Viener Grossman, LLP


These plaintiffs have until the end of the month to inform the Court if they will proceed to trial. It is not clear the exact type of implant, injuries, and other case specific information involved in the defendants’ choices. One would hope that they are representative of the remaining filed cases in the MDL in order to help the parties evaluate their respective positions.