Defendants Likely Oppose Zimmer Knee Multidistrict Litigation

Although a statement has not yet been released by the company, it is likely that orthopedic device manufacturer Zimmer will oppose a recent motion filed with the Judicial Panel on Multidistrict Litigation looking to consolidate Zimmer knee lawsuits into a multidistrict litigation case. The motion, which was filed on June 7th by the lawyer for Zimmer knee plaintiff Fred Stone, would be beneficial to plaintiffs if it were to be passed.







For multidistrict litigation to take place, the Judicial Panel on Multidistrict Litigation will have to determine that there is enough in common between the 28 Zimmer knee lawsuits that have already been filed in the United States to justify considering them a class. If these lawsuits are granted class status, the indication is that enough Zimmer patients have experienced certain side effects that it is fairly clear there is some flaw or defect in the manufacturing process or construction of the Zimmer device. For this reason, Zimmer will likely oppose consolidation of these lawsuits.


The request for multidistrict litigation also included a request that the litigation, if approved for consolidation, take place in the US District Court for the Northern District of Illinois. Fred Stone originally filed his Zimmer knee replacement lawsuit here in May. Even if Zimmer knee lawsuits are approved for multidistrict litigation, it is possible that it will not take place here – there are more than 80 federal districts in which litigation could also take place.


There are certainly some similarities in lawsuits that have already been filed – most of them seem to be related to problems with Zimmer NexGen high-flex implant systems, including the femoral CR-Flex and the LPS-Flex systems. It is not yet known how many of the 150,000 Zimmer knee replacement recipients that have received a Zimmer knee replacement since the devices were introduced in 2003 have experienced side effects orZimmer knee failure. For this reason it is also still unclear how many plaintiffs will be involved in litigation against Zimmer when legal processes begin.


The Judicial Panel on Multidistrict Litigation is set to convene on the 28th of July, but it is not clear whether or not a decision will be made regarding potential Zimmer multidistrict litigation at that time. The JPML may hear arguments for and against consolidation either during their July meeting or at their subsequent September meeting – it may be a while yet before a consensus is reached on the subject. Those suffering from the effects of Zimmer knee failure are advised to consult with an experienced Zimmer knee lawyer as soon as possible.