Zimmer Knee Revision Surgery Victim Files Lawsuit

A Pennsylvania woman has filed a lawsuit complaint over the an artificial knee implant, alleging serious injuries and the need to undergo a Zimmer knee revision surgery due to premature device failure. The Zimmer LPS flex injury lawsuit was filed on June, 28, 2013 in the U.S. District Court, Eastern District Of Pennsylvania (Philadelphia). It adopts the “master” complaint used by plaintiffs whose cases have been joined together as part of a larger multidistrict litigation (MDL) entitled In Re: Zimmer NexGen Knee Implant Products Liability Litigation. The MDL was created in August 2011 in the U.S. District Court for the Northern District of Illinois.

The plaintiff claims that Zimmer negligently manufactured the Zimmer NexGen GSF LPS-Flex. She also alleges that the device’s risks were never appropriately communicated to her and her physician, and that neither she nor her physician were aware of the defective nature of the Zimmer NexGen knee device prior to evidence of device loosening.

The plaintiff is suing for compensatory, punitive, exemplary, and statutory damages, as well as interest, fees, and costs. She claims pain, suffering, emotional distress, economic loss and also alleges that she suffered personal and economic injuries as a result of being implanted with the Zimmer NexGen GSF LPS-Flex.

Zimmer knee lawsuit consolidation

The Zimmer NexGen knee device was implanted in the plaintiff’s left knee on or about March 2, 2009; she underwent Zimmer knee revision surgery to remove and replace the device on April 25, 2011. Zimmer, Inc.; Zimmer Holdings, Inc.; and Zimmer Orthopaedic Surgical Products, Inc. are the named defendants.

This Zimmer LPS Flex injury lawsuit is part of a larger consolidated MDL (multidistrict litigation). MDLs centralize multiple lawsuits during pre-trial proceedings to reduce redundancies, for instance in the discovery process, and to help minimize financial strains on the courts, attorneys, plaintiffs, and others. MDLs are created when a number of individuals have experienced similar injuries from the same product, in this case, the Zimmer NexGen knee replacement devices. Every Zimmer knee replacement lawsuit in the MDL is treated as an individual case and remains eligible for its own pre-trial settlement or jury award.

More than 1000 cases have been added to the NexGen product liability MDL, which was formed on August 8, 2011 and is being overseen by Judge Rebecca Pallmeyer. In 2012, Judge Pallmeyer issued a case management plan to allow coordination between the Zimmer knee MDL in Illinois and similar litigation in other state and federal courts throughout the country.

The litigation is in its early stages, and no pre-trial Zimmer knee settlements have been announced. Meanwhile, many plaintiffs report having to undergo Zimmer knee revision surgery due to their injuries.

Plaintiffs say NexGen knee implants failed prematurely

Since the NexGen line of knee replacement devices was launched, Zimmer has sold over 3 million devices. Although replacement knees are usually meant to last for at least 15 years, some patients have complained of premature device failure and the need for early revision surgery due to alleged design flaws. Plaintiffs have also sought punitive damages for misleading marketing over device efficacy and safety. More lawsuits are expected.

Plaintiffs cite loosening of the component parts of the artificial knee replacement as causing severe pain in the joint area and injuries so significant they raise the risk of requiring early Zimmer knee revision surgery, a complex and costly procedure. Some plaintiffs report Zimmer knee replacement complications such as difficulty standing, walking, or rising; swelling in the area of the device; and noises—popping, crunching—emanating from the knee joint.