Plaintiff Files Motion to Create Zimmer NexGen Knee MDL, HarrisMartin Reports
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-Harris Martin
06/08/2011 - A petition has been filed to create a coordinated MDL docket for all federal cases alleging injury caused by Zimmer NexGen Knee Implant Devices, HarrisMartin Publishing is reporting. In re: Zimmer NexGen Knee Products Liability Litigation, MDL Docket No. 2272 (JPML).
The motion to transfer 28 cases pending in federal courts around the country, and all subsequent NexGen Knee Implant actions, to a single judge for pretrial proceedings was filed June 7 with the Judicial Panel on Multidistrict Litigation.
Plaintiff Fred Stone, who filed the motion, has requested that a coordinated docket be established in the U.S. District Court for the Northern District of Illinois. According to Stone’s petition, Zimmer’s NexGen High-Flex Knee Implant Devices have been reported to have a failure rate of 9 percent and that the FDA issued a Class II recall in September 2010 relating to the NexGen MIS Tibial components after a study revealed a failure rate as high as 24 percent.
It is anticipated that hundreds — if not thousands — of cases are expected to be filed as a result of high failure rates that have been reported by those implanted with the Zimmer devices, the motion states.
Stone contends that the cases all meet the requirements for coordinated or consolidated pretrial proceedings.
Stone is represented by James R. Ronca, Thomas Anapol and Melissa Fry Hague of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley in Philadelphia and Marc Grossman and Randi Kassan of Sanders Viener Grossman in Mineola, N.Y.
Download copy of motion here::



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