Massachusetts Couple Adopts Zimmer MDL Short Form Complaint
On July 6, 2012, Kathleen and Ronald Drago filed a lawsuit against Zimmer, et al. in the U.S. District Court for the Eastern District of Missouri. Represented by their Zimmer knee lawyer, the Massachusetts residents adopted the MDL short form complaint, citing joint implant problems that led to Zimmer knee revision surgery. While Kathleen Drago’s NexGen CR-Flex device has not been subject to a Zimmer NexGen knee recall, it has formed the basis (along with four other devices) of lawsuits currently consolidated into multidistrict litigation against the joint manufacturer.
Plaintiff forced into double Zimmer knee revision surgery
According to her lawsuit, Kathleen Drago received a Zimmer NexGen CR-Flex device in both her right and left knees on July 6, 2009. Soon after, she began suffering pain and other signs of knee failure, and on May 24, 2010 and August 5, 2010 underwent Zimmer knee revision surgery to correct the problems.
According to her Zimmer knee lawyer, neither the plaintiff nor her physician, through the exercise of reasonable diligence, could have detected the allegedly defective nature of Drago’s Zimmer NexGen implant any earlier than when evidence of loosening became apparent.
Zimmer knee lawyer charges negligence, failure to warn
For her pain and suffering, forced Zimmer knee revision surgery, and other damages suffered, Drago requests compensatory and punitive damages. On behalf of Drago and her co-plaintiff husband, their Zimmer knee lawyer brings counts of strict liability, design defect, failure to warn, manufacturing defect, negligence, negligent misrepresentation, and breach of express warranty, as well as loss of consortium, violation of consumer protection statutes, and unjust enrichment.
The plaintiffs further request compensation for the legal costs, interest, and other relief that the Court deems just and proper.
Zimmer knee MDL consolidates complaints
Zimmer, et al are the primary defendants in the Zimmer knee MDL currently underway in the U.S. District Court for the Northern District of Illinois. The MDL consolidates cases from around the country, involving patients implanted with one of five Zimmer NexGen devices: the LPS-Flex, CR-Flex, GSF LPS-Flex, GSF CR-Flex, or the MIS Tibia.
Commonly reported problems include device loosening and early failure rates, which often require painful and risky Zimmer knee revision surgery. Though there has been no general Zimmer NexGen knee recall, the company did issue limited recalls in 2010 for certain NexGen MIS Tibial components, as well as femoral components used in the Zimmer NexGen LPS system.