71-Year-Old Plaintiff Sues Zimmer, Claims NexGen Knee Failure
Another patient has sued after allegedly suffering premature failure of a Zimmer NexGen knee implant. Manufactured by Zimmer Orthopedics, the device is the subject of hundreds of Zimmer knee lawsuits filed by injured patients. Because so many similar lawsuits have been filed against Zimmer, the litigation has been consolidated into multidistrict litigation (MDL) in United States District Court in the Northern District of Illinois.
Represented by their Zimmer knee lawyer, plaintiffs Cecile and Robert Waer will join MDL 2272 to seek compensation for Cecile’s alleged Zimmer NexGen knee failure and as well as related claim for loss of consortium.
Expedited process allows injured plaintiff to join MDL quickly
By filing an amended short form complaint geared specifically toward Zimmer knee lawsuits, the Waers were able to join the multidistrict litigation progressing in Illinois, and their filing form notes that a fact sheet specific to the Waers’ case will soon follow. By filing their lawsuit with the MDL, the Pennsylvania residents will reap the benefits of pre-trial proceedings that occur en masse for all the plaintiffs seeking damages for alleged Zimmer NexGen knee failure. If no pre-trial settlement is reached with the defendants, the plaintiffs’ complaint could be transferred back to the original court of filing in Pennsylvania, where their Zimmer knee lawyer would argue their case individually before a jury.
Plaintiff claims Zimmer NexGen knee failure
Cecile Waer was first implanted with a Zimmer NexGen LPS-Flex knee on July 28, 2006. She claims the knee is defective. Although she has not yet scheduled a revision surgery to remove and replace the device, she seeks compensatory damages for pain and suffering, emotional distress, and economic loss. She also seeks punitive damages, as well as reimbursement for all legal fees, including fees for her Zimmer knee lawyer.
Evidence of Zimmer NexGen knee failure?
In 2010, the FDA issued a recall of certain NexGen component parts. However, the scope of the recall was limited and the devices were soon made available to the public once again.
Dr. Richard Berger is a Chicago orthopedist who has installed hundreds of Zimmer knees and even helped design tools and products for the manufacturer. Dr. Berger recently came out publicly to alert the company about what he determined to be a higher than expected rate of Zimmer NexGen knee failure.
Dr. Berger believes the cause of the high failure rate is due to design problems with the knee. Zimmer, however, maintains that the failure rate of its NexGen family of knees is relatively low, and well within acceptable industry standards. The company maintains that instances of early component loosening are due to surgical error during the implantation process.