Court Declines to Bar NexGen Knee Implant Case
The federal judge overseeing the Zimmer NexGen Knee Implant MDL denied the company’s motion to bar one of the more than 800 cases filed against the medical device maker from joining a list of potential bellwether cases in the consolidated litigation.
U.S. District Court Judge Rebecca R. Pallmeyer, who oversees the MDL in the U.S. District Court for the Northern District of Illinois, ruled against the request by Zimmer Holdings to eliminate Blake v. Zimmer, et al from consideration and instead will allow it to become part of the pool of potential bellwether cases, according to Mass Device. Judge Pallmeyer has overseen the coordinated litigation involving allegations of failed knee components manufactured by Zimmer since August of 2011.
Zimmer sought to have the case barred from being included in the MDL as a bellwether suit due to the plaintiff’s failure to submit medical records in time to meet a court deadline.
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