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Zimmer NexGen MDL Gains New Case Involving CR-Flex Knee Implant

The Zimmer NexGen Products Liability Litigation (MDL No. 2272) gained a new case that involves allegations of a defective CR-Flex knee implant. Transferred via short form complaint, the Zimmer NexGen knee lawsuit was filed by plaintiff James Griffith, a resident of West Virginia. His complaint was originally lodged in the U.S. District Court, Southern District of West Virginia, but was eligible for MDL (multidistrict litigation) proceedings since it shares common issues of fact.

As a result of the purported injuries that the plaintiff sustained, he argues that he is entitled to monetary damages to compensate for pain and suffering, emotional distress, economic losses and punitive damages.

Zimmer complaint joins MDL in Illinois federal court

The NexGen consolidated litigation is currently underway in Illinois federal court, and was established to streamline pre-trial processes before a single judge.  The MDL merges lawsuits filed throughout the nation that involve similar allegations regarding Zimmer’s problematic NexGen line. Presided over by Honorable Judge Rebecca Pallmeyer, the MDL helps prevent conflicting judicial rulings and facilitates a more efficient discovery process. Every Zimmer NexGen knee lawsuit is tried on its own merits and evidence, allowing each plaintiff their right to an individual verdict or settlement.

While the exact nature of the plaintiff’s NexGen knee replacement complications aren’t listed on the short form complaint, his Zimmer knee lawyer levels multiple causes of action in the case and states that James Griffith may soon need revision surgery due to the defective CR-Flex implant.

Eleven counts against Zimmer are adopted in the lawsuit, including:

  • Strict Liability – Design Defect
  • Strict Liability – Failure to Warn
  • Strict Liability – Manufacturing Defect
  • Negligence
  • Negligent Misrepresentation
  • Breach of Express Warranty
  • Breach of Implied Warranty
  • Redhibition
  • Unjust Enrichment
  • Violation of Consumer Protection Statutes
  • Punitive Damages

Allegations cited in Zimmer NexGen knee lawsuit cases

Claimants who have taken their grievances and personal injuries to court allege that Zimmer knew or should have known about the serious risk of complications linked to its NexGen knee replacement system, but failed to adequately warn the public or medical community. Complications reported by recipients of Zimmer knee replacements include loosening of the device, misalignment and fracturing of the components.

Many who went on to file Zimmer knee lawsuits complained of escalating hospital expenses, chronic pain and a diminished quality of life as a result of their allegedly faulty knee replacements.

A 2010 non-peer reviewed report compiled by leading orthopedic surgeon Dr. Richard Berger and Dr. Craig Della Valle highlighted concerns about the high failure rates of the CR-Flex model. The review, which was presented to the American Association of Orthopedic Surgeons, revealed that 36 percent of 108 CR-Flex implant recipients showed symptoms of device loosening, while 8.3% needed knee revision surgery two years after receiving the implants.

Despite this information, Zimmer stands behind its line of NexGen devices and has only issued knee replacement recalls for some of the components, citing manufacturing defects.

Monetary damages sought by plaintiff

Zimmer Nexgen knee lawsuit court documents show that James Griffith is requesting the following compensation from Zimmer Holdings:

  • Compensatory damages
  • Punitive and exemplary damages
  • All applicable statutory damages
  • Zimmer knee lawyer fees and costs
  • Prejudgment interest for the costs of the suit