The Judicial Panel on Multidistrict Litigation issued a transfer order August 8th for In Re: Zimmer Nexgen Knee Implant Products Liability Litigation MDL No. 2272. There were 28 cases filed so far and the Panel was notified of more than 45 additional related actions. Counsel for Plaintiffs argued for centralization in the Northern District of Illinois, the Eastern District of New York and the Central District of California.
Counsel for Zimmer argued against centralization because the actions before the Panel implicated eight products, six different design teams, six different sets of design history documents and eight different 510(k) applications. Zimmer’s attorneys argued that discovery would not overlap among those actions and that these cases should not be consolidated for MDL purposes. In the alternative, they argued for centralization in the Northern District of Indiana.
The Panel, however, did not agree with Zimmer’s lawyers and ordered all pending actions transferred to the Northern District of Illinois. The Panel was not persuaded by Zimmer’s arguments about the distinctiveness of the various femoral components and ruled that an MDL does not require a complete identity or even a majority of common factual or legal issues as a prerequisite for transfer.
The Panel assigned the MDL to the Honorable Rebecca R. Pallmeyer. Besides citing that Judge Pallmeyer is an experienced and highly-regarded jurist, the Panel concluded that the Northern District of Illinois is an appropriate venue because 10 of the 28 pending actions are in that district and the district is relatively close to Zimmer’s Indiana headquarters.
The MDL will consolidate actions alleging that Zimmer’s “high-flex” femoral components (i.e., the Cruciate Retaining (CR) and Legacy Posterior Stabilised (LPS) components and the “Gender Solutions” versions) and the MIS Tibial components are prone to premature loosening, causing pain and loss of movement leading to revision surgery.
If you suspect that your implant may have loosened, it is important to see your physician. Your doctor will likely perform bone scans and X-rays to determine the viability of your implant. Our firm is currently investigating claims for those people who have Zimmer knee implants and have been injured. If you would like a free case evaluation, please contact Booth Samuels toll free at 1-866-515-8880 or at booths@pittmandutton.com.
