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Zimmer Knee Plaintiff Files MDL Complaint

On April 27, 2012, Florida residents Ernestine and Michael Neilson filed a lawsuit citing Zimmer knee problems. Their case, which they filed in the U.S. District Court for the Eastern District of Missouri (St. Louis), took steps on January 12, 2012 to join the Zimmer MDL (multidistrict litigation). The plaintiffs join other Zimmer knee lawsuits in adopting the Short Form Complaint for Zimmer NexGen Knee Implant Products Liability Litigation.

Plaintiff alleges Zimmer knee revision surgery

According to his complaint, Michael Neilson received a Zimmer NexGen GSF LPS-Flex knee implant on August 10, 2007. Soon after his initial surgery, Neilson began to experience pain and suffering, as well as injuries related to implant failure. On April 28, 2008, Plaintiff Neilson allegedly underwent Zimmer knee revision surgery to alleviate his suffering. According to his lawsuit, neither Mr. Neilson nor his physician could have detected his Zimmer knee problems prior to the plaintiff’s experiencing pain.

Zimmer knee lawsuits claim breach of warranty and negligence

The Neilsons join other Zimmer knee lawsuits in claiming strict liability design defect, failure to warn, negligence, strict liability manufacturing defect, negligence, violation of consumer protection statutes, unjust enrichment, and breach of express warranty. For his Zimmer knee problems and resulting pain and suffering, Neilson requests punitive, exemplary, compensatory and statutory damages to compensate him for emotional distress, suffering and economic loss. His wife also claims loss of consortium, or spousal partnership, and together they request legal costs and other relief as determined by the Court.

Zimmer knee problems consolidated in MDL

The Zimmer knee MDL was formed on August 8, 2011 and at the time consolidated only 28 cases. As of 2012, many more Zimmer knee lawsuits have been added as tag-along cases – and the Neilsons are slated to join their ranks soon. Filing the MDL’s Short Form Complaint means that the plaintiffs adopt and incorporate all allegations detailed in the Master Long Form Complaint, and also any amendments to that complaint. The MDL is currently underway in the U.S. District Court for the Northern District of Illinois.

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