CHICAGO — In its pending NexGen MDL trials, Zimmer is alleging the plaintiffs have failed to provide evidence (via discovery) in cases slated for bellwether trial selections.
The company, which is the maker of the defective NexGen knee implant, is claiming that the plaintiffs have failed to participate in discovery and so are asking the court to compel the other side to turn over more evidence as per the discovery request. The multidistrict (MDL) is in the U.S. District Court for the Northern District of Illinois. The MDL allows for large numbers of plaintiffs with substantially similar cases to be on the same docket, in front of the same judge, and with the same case management rules. In theory this should provide a faster trial or settlement process in front of a judge who understands the intricate nuances of the case.
The NexGen implant is one of many defective medical devices facing daunting amounts of litigation. This is because the product Zimmer made has some significant design flaws that result in patients facing various adverse health effects and mounting medical costs.
Patients have found the implant has a high rate of failure due to multiple problems. The implant instead loosens easily which causes it to fracture or misalign. Gaps then form between the implant and the bone and when this happens, water, tissue, and debris can build up. This is quite painful for the patient and make it very challenging to walk. Not only does it cause swelling and joint problems, but it can lead to infection and nerve damage. All of these problems can lead to further joint instability and even fracture the bone. Patients then need to have revision surgery to repair the damage and have a new implant put in place. Other more serious complications include blood clots, edema, and hemorrhaging,
Despite the fact there was a Zimmer NexGen recall by the FDA, this product is still readily available on the market and many patients have existing NexGen implants.
Our Defective Zimmer Knee Lawyers Can Help
Our dangerous device attorneys can help if you or someone you care about was harmed by knee replacement surgery. Lawsuits have been filed against the device makers by both patients and their families seeking compensation for injuries caused by the dangerous devices. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our defective knee lawyers will help you file your lawsuit.
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