Zimmer Inc. is acting both as plaintiff and defendant in various lawsuits taking place in state and federal courts across the country. The first cases were those that patients of their Zimmer knee replacement device filed when they experienced serious side effects associated with the joint replacement device, including pain and swelling as well as difficulty walking. Zimmer patients, understandably upset about these side effects, have been filing lawsuits against the medical device manufacturers in order to gain some kind of compensation for their injuries. Compensation of this type will help take care of medicalbills, wages lost, and other costs related to these Zimmer knee side effects.
The second cases Zimmer filed against two law firms who were trying to capitalize on the recent surge in lawsuits against the company. The personal injury law firms produced a series of advertisements and websites giving information about Zimmer lawsuits and Zimmer claimed that these advertisements were slanderous and defamed the name of the company, while exaggerating side effects and the symptoms being experienced by patients. The lawsuit also claimed that the law firms infringed upon the trademark of the company.
This lawsuit is still sitting in a federal court in Indiana, and it is not clear whether the lawsuits in which Zimmer is a plaintiff or the lawsuits in which the device manufacturer is a defendant will take place first. Regardless, the outcomes of either kind of trial could have an impact on the future of Zimmer litigation. Depending on the ruling in Zimmer Inc. v. Ari Kresch et al, it could be determined whether or not it is acceptable to call the withdrawal of certain components of Zimmer devices from the U.S. market a “Zimmer recall” or whether this terminology is false and could have an adverse effect on the multi-million dollar company. Those suffering from the side effects of Zimmer knee failure are advised to consult an experienced Zimmer lawyer as soon as possible.
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