A man from Longview, Texas filed a product liability lawsuit against the manufacturer of a knee replacement product that has been allegedly been found to loosen in patients and require replacement surgery. Earlier this month, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Zimmer Nexgen Knee implant lawsuits be consolidated and transferred to U.S. District Court in Illinois. The Zimmer lawsuits involved in the Zimmer NexGen CR-Flex femoral components, Zimmer NexGen MIS Tibial components or Zimmer NexGen LPS-Flex femoral components. Waterston said in that in June 2008 he had a knee replacement surgery in which a Zimmer NexGen Knee was implanted. He claims that shortly after the surgery he began to experience severe and debilitating pain.
Waterston claims he was advised that implant was “loosening” and had a second surgery in September 2009 to replace the Zimmer NexGen Knee. The long list of charges by the defendant include misleading health care professionals and the public into believing that the Zimmer NexGen Knee was safe and effective for use in knee replacement surgery, engaging in deceptive, misleading and unconscionable promotional or sales methods to convince health care professionals to utilize the product even though they knew the product was unreasonable unsafe, failing to warn health care professionals and the public about the safety risks of the product.
All of the lawsuits in the Zimmer NexGen MDL involve allegations that plaintiffs experienced problems following knee replacement surgery as a result of design defects with certain Zimmer NexGen components. Plaintiffs claim to have suffered catastrophic implant failures, often resulting in the need for Zimmer revision surgery to remove or replace the implants because they failed far in advance of their projected lifespan. Zimmer allegedly downplayed and understated the risk of Zimmer NexGen knee problems. Zimmer obtained approval for the NexGen knee replacement components through the FDA’s controversial 510(k) approval process, which is a fast-track to market approval that requires that you prove that the device you are releasing is “substantially equivalent” to one already on the market. The Zimmer NexGen knee litigation will be centralized before Judge Rebecca R. Pallmeyer for coordinated handling.