Zimmer NexGen Lawsuit Filed in Texas District Court

On June 6, 2013, a Texas woman and her husband filed a Zimmer NexGen lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff wife allegedly received a defective NexGen knee implant that directly caused her to sustain serious injuries. The plaintiff wife incurred substantial medical expenses by obtaining necessary treatment for her injuries. According to the lawsuit, Zimmer Inc. was negligent, manufactured a defective product, and failed to adequately warn consumers about the safety risks.

The plaintiff and her husband are seeking damages for the losses they incurred as a result of Zimmer, Inc.’s wrongful conduct.

The Zimmer NexGen knee devices have been the subject of numerous lawsuit complaints regarding alleged early failure rates and adverse knee replacement complications. The lawsuit filed by the married Texas couple is one of the most recent to be added to the Zimmer NexGen Knee Implant Products Liability Litigation, MDL No. 2272. Hundreds of lawsuits that entail similar circumstances and legal issues have been initiated against Zimmer, Inc. As a result, the Judicial Panel on Multidistrict Litigation decided to consolidate the cases so that the legal proceedings could be handled more efficiently.

Zimmer NexGen complications

Zimmer, Inc. received FDA approval for their NexGen knee devices without conducting clinical safety trials because the implants were deemed substantially equivalent to medical products that were already in the market. Even though the NexGen knee implants were advertised as long-lasting devices that provided patients with a wider range of motion and more stability, some post-marketing data and FDA adverse events reports disputed those assertions. According to lawsuit complaints, a significant number of the knee devices were failing sooner than expected.

Most knee implants are designed to last for 10-15 years, but according to a 2007 study published in the British edition of the Journal of Bone and Surgery, 38% of the Zimmer NexGen knee devices became loose within two years. Dr. Richard A. Berger, a surgeon who previously designed and installed knee devices for Zimmer, Inc., corroborated that high failure rates were a serious problem with the NexGen knee implants. Dr. Berger presented a non-peer reviewed report in 2010 to the American Association of Orthopedic Surgeons (AAOS) that revealed early failure rates affected 8.3% of 108 patients.

Zimmer, Inc. disputed the claims and declared their medical devices were safe.

Plaintiff suffers from Zimmer knee problems

According to the Zimmer NexGen lawsuit filed by the Texas residents, the plaintiff wife had a knee device implanted in her right knee on August 10, 2005. After the medical procedure was completed, she started to develop injuries that were allegedly caused by the defective knee devices. On August 17, 2011, the plaintiff wife underwent revision surgery in order to treat her Zimmer knee problems.

The plaintiffs allege that Zimmer, Inc. designed defective products, negligently misrepresented the safety and efficacy of the products, and failed to adequately warn the public about the health risks. The court documents state that Zimmer, Inc. proximately caused the plaintiff wife to suffer from physical injuries, mental anguish, and economic losses.

The Zimmer NexGen lawsuit is also requesting the defendants be held liable for the loss of services and loss of consortium the plaintiff husband has to endure within the marital relationship. Compensation for medical expenses, lost income, pain and suffering, and other damages are being sought in the legal complaint.