The national law firm, Parker Waichman LLP, just filed a lawsuit on behalf of a woman implanted with a Zimmer NexGen Knee Implant who underwent revision surgery. Revision surgery is the painful and complex surgery that recipients of defective orthopedic devices undergo to remove a failed device in exchange for a different device.
Filing took place on July 2nd in the U.S. District Court for the Southern District of New York in the multidistrict litigation as part of In Re: Zimmer NexGen Knee Implant Products Liability Litigation (MDL No. 2272). Proceedings will take place before Judge Rebecca Pallmeyer. Zimmer, Inc., Zimmer Holdings, Inc. and Zimmer Orthopaedic Surgical Products, Inc. have been named as defendants.
According to the complaint, the woman was implanted with the Zimmer NexGen GSF LPS-Flex Knee Implant in July 2009 and began suffering injuries and complications just four months later, in November 2009. She underwent revision surgery last October.
The lawsuit alleges that it was the implant’s defective nature that caused the injuries leading up to, and resulting from, her revision surgery and claims personal injury, economic loss, and loss of services. The lawsuit also claims that neither the woman, nor her physician could have reasonably known about the NexGen device defects any sooner; the problem was detected upon evidence of loosening. According to Parker Waichman LLP, a loose knee implant can wear away at the bone, which can result in restricted mobility and pain. When pain and lack of mobility become too burdensome, the patient may have to undergo revision surgery; however, ambulation problems and risks for implant loosening and failing may continue or increase.
The complaint charges three counts of strict liability (including design defect, failure to warn and manufacturing defect, negligence, negligent misrepresentation, breach of express and implied warranty, redhibition, violation of consumer protection statutes, unjust enrichment, and punitive damages) and seeks, among other things, compensatory damages, applicable statutory damages, and attorney’s fees.
We just wrote that another lawsuit claims that Zimmer’s NexGen Knee Device failed after four months. That lawsuit was filed on June 13 in the Eastern District of Texas, Tyler Division on behalf of Jackie Warnstaff and alleges Warnstaff’s NexGen knee device not only was defective, its defects caused her to have to undergo additional surgery. She received a Zimmer NexGen Knee device on her right knee in December 2009 and underwent revision surgery four months later.
Meanwhile, Parker Waichman LLP also recently filed more than a dozen lawsuits against Zimmer Orthopaedics alleging various components in its NexGen Knee Implant line caused serious injuries, some resulting in the need for revision surgery. The Zimmer NexGen Knee Implant components named in those lawsuits include Zimmer NexGen CR-Flex Component and the Zimmer NexGen LPS-Flex Component. Those lawsuits were filed on March 5, 2012 and will be included in the Zimmer NexGen Knee Implant multidistrict litigation currently underway in U.S. District Court, Northern District of Illinois (MDL 2272).
As we’ve reported previously, Zimmer has been named in numerous lawsuits throughout the country involving various NexGen knee components, including Zimmer NexGen CR-Flex femoral components, Zimmer NexGen MIS tibial components, and Zimmer NexGen LPS-Flex femoral components.