In 2010, Zimmer issued a recall of a component in its NexGen Knee implants due to a high number of device failures.
Soon after, a mass of suits were filed against the company. The cases have been aggressively litigated for nearly seven years. It appears that the parties have reached a substantial confidential settlement that will potentially resolve all filed cases.
On February 12, 2018, US District Judge Rebecca Pallmeyer announced the tentative settlement and ordered a stay of the litigation of all filed cases. The judge directed that all attorneys are required to coordinate and consult with appointed counsel on potential resolution of their cases. The settlement process is expected to take several months.
What Was the Role of the Judge?
The judge further ruled that plaintiffs in any newly filed cases, will be required to submit an expert report to Zimmer’s legal counsel within 90 days of their case being filed and transferred to the Zimmer MDL. Such report will require that an orthopedic surgeon or another qualified expert, certify that they have reviewed plaintiff’s medical records and determine that to a reasonable degree of medical certainty, the Zimmer NexGen knee component failed. Failure to file the certification can result in sanctions and/or in the claim being barred.
How are Knee Injury Cases Handled?
Like all filed cases, new cases will remain stayed pending the administration of the confidential settlement. Only then, will the judge determine the next steps for pending or unresolved cases.
Charles E. Boyk Law Offices, LLC is investigates claims for individuals who may have suffered complications from an implant. We are a highly experienced in pharmaceutical and medical device liability and dedicated to holding manufactures of these products liable.
Contact at us at (877) 277-7336. There is no charge to speak with us or for case evaluations.