The first bellwether trial in the Zimmer NexGen MDL is now in
the hands of the jury. The Plaintiff claims the company negligently designed a
series of NexGen knee replacements and failed to properly warn surgeons of the
possibility that the devices could come loose from the tibia, or shinbone.
Zimmer’s main defense is surgeon error.
There are roughly 1,000 cases pending in the MDL. The first
trial was set to begin in January of this year, but for numerous reasons, the
first did not begin trial until October. The next bellwether case will be one
of Zimmer’s choosing, with four cases in total set to try.
The case is Batty et al. v. Zimmer Inc. et al., case number
1:12-cv-06279, in the U.S. District Court for the Northern District of
Illinois. The MDL is In Re: Zimmer Nexgen Knee Implant Products Liability
Litigation, case no.1:11-cv-05468 in the same court.
