Many patients of the Zimmer NexGen knee replacement system who have experienced associated complications such as Zimmer Knee failure and knee revision surgery are looking for compensation from orthopedics giant Zimmer, compensation which could help cover costs associated with complications. Damages or settlement money could help a patient handle medical bills, costs associated with revision surgery, lost wages, and loss of quality of life. At last report, there were 28 Zimmer NexGen lawsuits making their way through courts across the country, and some legal experts estimate that more than 200 could be added in the coming months.
Because of the number of patients affected by the NexGen implant – more than 200,000 were used across the country, with an unknown number of these patients experiencing complications and hip implant failure – the Zimmer knee cases are being considered for consolidation in a process known as multidistrict litigation. Unlike class action, multidistrict litigation cases are often sent back to the courts from which they originated after pretrial processes are complete.
The Judicial Panel on Multidistrict Litigation will consider whether or not to consolidate the Zimmer knee lawsuits the next time they convene, on the 28th of July. If they decide to consolidate, it could be beneficial for many reasons, especially to plaintiffs – a consolidation recognizes the injured people as a “class”, meaning that it is being acknowledged that the device in question has, in fact, caused injury to patients en masse. In addition, the litigation process can be completed more quickly than if each case were to go to trial completely independently. However, on the other hand, cases will be treated less individually and settlements or damages awarded may be slightly skewed because of this.
The move to consolidate litigation in the Zimmer NexGen cases includes an assessment of the U.S. District Court of the Northern District of Illinois as an appropriate place to conduct pretrial proceedings in the multidistrict litigation case, should it be confirmed. If it takes place here it will be under the jurisdiction of the Honorable Judge Joan Leflow. Plaintiffs and potential plaintiffs are waiting for the final decision from the Judicial Panel on Multidistrict Litigation – litigation is effectively at a standstill until the motion is passed or denied. Those suffering from Zimmer knee failure are advised to consult with an experienced Zimmer knee lawyer to ensure proper representation in filing a lawsuit.
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