Florida Plaintiffs Adopt Zimmer MDL Complaint
On April 27, 2012, Michael Neilson and Ernestine Neilson, both residents of Florida, filed a Zimmer NexGen knee failure lawsuit in the U.S. District Court for the Eastern District of Missouri (St. Louis). With the help of their Zimmer knee lawyer, the plaintiffs opted to join the Zimmer multidistrict litigation (the case was transferred on January 12, 2012), and as such adopted the Short Form Complaint for Zimmer NexGen Knee Implant Products Liability Litigation.
Alleged Zimmer NexGen knee failure required revision surgery
On August 10, 2007, Michael Neilson states that he was implanted with a Zimmer NexGen GSF LPS-Flex knee implant. After surgery, he allegedly experience Zimmer NexGen knee failure, which caused him pain and suffering, among other injuries. As a result of his alleged device failure, Neilson was forced to undergo revision surgery on April 28, 2008. According to the Neilsons’ Zimmer knee lawyer, neither the plaintiff nor his physician could have detected the defective nature of his knee implant any earlier than when he experienced physical evidence of device loosening.
Zimmer knee lawyer alleges negligence, breach of warranty
The Neilsons, through their Zimmer knee lawyer, allege strict liability design defect, strict liability manufacturing defect, failure to warn, negligence, negligent misrepresentation, breach of express warranty, loss of consortium, violation of consumer protection statutes, and unjust enrichment.
As a result of his alleged Zimmer NexGen knee failure, Mr. Neilson claims he is entitled to compensatory, statutory, punitive and exemplary damages, damages for pain and suffering, emotional distress, and economic loss. The Neilsons’ complaint also requests compensation for fees and costs of their Zimmer knee lawyer, costs of the lawsuit, and such other relief as the Court deems just and proper.
Zimmer knee settlements possible for MDL plaintiffs
The Zimmer knee MDL was first ordered on August 8, 2011 and consolidated an initial 28 cases. Since that time, many more have been added as tag-along complaints – and the Neilsons are slated to be the next. By filing the Short Form Complaint, the Neilsons adopt and incorporate by reference the allegations stated in the Plaintiffs’ Master Long Form Complaint, as well as any amendments thereto.
The MDL is headquartered in the U.S. District Court for the Northern District of Illinois. As legal teams for both the plaintiffs and the defense – Zimmer Inc., et al – prepare, it is possible that some suits may not go to trial, and may instead end with Zimmer knee settlements.