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Zimmer NexGen Knee Lawsuits Consolidated, Head to Illinois

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A panel has decided to centralize 28 actions pending in 13 states that involve common questions of fact, to the Northern District of Illinois. The issues involved are all regarding allegations that Zimmer’s “high-flex” femoral components (i.e., the Cruciate Retaining (CR) and Legacy Posterior Stabilized (LPS) components, and the “Gender Solutions” versions thereof) and/or the MIS Tibial component – all of which are used in knee replacement surgery 3 – are prone to premature loosening, causing affected individuals pain and loss of movement, and often forcing them to undergo revision surgery. The actions also raise factual issues as to whether the aforementioned high-flex components actually provide an individual with any increase in flexion.

Zimmer opposed the consolidation, arguing the involved components were quite distinct, however the panel was not persuaded, stating “centralization…does not require a complete identity or even a majority of common factual or legal issues as a prerequisite to transfer….Centralization has the salutary effect of placing all actions in a given docket before a single judge who can formulate a pretrial program that: (1) allows discovery with respect to any non-common issues to proceed concurrently with discovery on common issues, and (2) ensures that pretrial proceedings will be conducted in a manner leading to the just and expeditious resolution of all actions to the overall benefit of the parties.

Centralization of the lawsuit will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

breakinglawsuitnews.com disclaimer: This article: Zimmer NexGen Knee Lawsuits Consolidated, Head to Illinois was posted on Wednesday, August 10th, 2011 at 8:39 pm at breakinglawsuitnews.com and is filed under Medical Device Lawsuits.

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