A number of Zimmer NexGen recall replacement
recalls have been issued and problems have been linked to other NexGen
replacement knee components. As a result of defective designs, individuals
throughout the United States may have been exposed to an increased risk of
loosening or early failure, often resulting in the need for Zimmer
knee revision surgery. More than 200,000 potentially defective Zimmer
NexGen knee replacement components may have been used throughout the United
States, which could have caused thousands of people to experience problems or
require additional knee revision surgery due to early failure of their knee
replacement.
All federal lawsuits over problems
with Zimmer knee recall
replacements have been consolidated for pretrial proceedings as part of an
MDL, or multidistrict litigation, which will be centralized in the U.S.
District Court for the Northern District of Illinois.
In opposing the MDL consolidation, Zimmer had argued that the involved NexGen components are “quite distinct, and thus discovery would not significantly overlap among the actions.’ However, the JPML did not find the device maker’s arguments persuasive, stating its review of the record indicated that the distinctiveness of the various components is not as clear-cut as Zimmer contends. All of the lawsuits involve allegations that plaintiffs experienced problems following knee replacement surgery as a result of design defects with certain Zimmer NexGen components. Plaintiffs claim to have suffered catastrophic implant failures, often resulting in the need for revision surgery to remove or replace the implants because they failed far in advance of their projected lifespan.
In opposing the MDL consolidation, Zimmer had argued that the involved NexGen components are “quite distinct, and thus discovery would not significantly overlap among the actions.’ However, the JPML did not find the device maker’s arguments persuasive, stating its review of the record indicated that the distinctiveness of the various components is not as clear-cut as Zimmer contends. All of the lawsuits involve allegations that plaintiffs experienced problems following knee replacement surgery as a result of design defects with certain Zimmer NexGen components. Plaintiffs claim to have suffered catastrophic implant failures, often resulting in the need for revision surgery to remove or replace the implants because they failed far in advance of their projected lifespan.
Zimmer obtained approval for the NexGen knee
replacement components through the FDA’s controversial 510(k) approval process,
which is a fast-track to market approval that requires that you prove that the
device you are releasing is “substantially equivalent” to one already on the
market.Certain Zimmer NexGen MIS components were recalled due to a high number
of reports of problems associated with the devices. Not all Zimmer components,
though, are contained within the consolidated Zimmer MDL. Those that are not
and have failed in patients who have suffered from Zimmer products, should
speak with a Zimmer lawyer about the possibility of entering into the MDL with
those components.
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