First Trials in Zimmer NexGen MDL Slated for 2015
2015 seems a long time away for injured patients involved in Zimmer knee litigation. Sometime that year, the first federally coordinated NexGen knee replacement cases will go to trial to see how jurors respond to evidence and testimony presented. The products liability multidistrict litigation, which was established in August 2011, was created to help expedite pre-trial processes while conserving judicial resources and time. At last count, the U.S. District Court for the Northern District of Illinois had consolidated almost 1,000 Zimmer NexGen knee lawsuits under the guidance of Honorable Judge Rebecca R. Pallmeyer.
Recent conference notes from the district court indicate that Pallmeyer has outlined the process for selecting initial bellwether trials – the outcomes of which may dictate how future cases are handled, and if jurors find Zimmer guilty of designing and manufacturing a defective medical device, or failing to warn about risks with its knee replacements.
While multidistrict litigation is a positive step for plaintiffs hoping to secure compensation, the reality is that resolution is still many months away. Even if the bellwether trials in early 2015 result in verdicts for the plaintiffs, Zimmer can file an appeal – prolonging litigation for years. In the interim, NexGen recipients may be out of work, saddled with hospital bills and burdened with extensive legal fees. Some may even be on the brink of filing bankruptcy or losing their home.
LawStreet Capital offers a solution to those in need of quick legal funding, and is proud to offer Zimmer knee lawsuit loans to plaintiffs with pending cases, or individuals who have the grounds for filing a complaint, but need some financial help.
Judge says first MDL case will be trial-ready in January 2015
Court documents show the following schedule for upcoming Zimmer NexGen MDL events:
- Lawyers for both sides will identify their selections for the bellwether trial pool by June 20, 2013
- From July 2013 through January 2014, all case specific discovery will be conducted
- February 2014, plaintiffs’ counsel and defendants will choose cases for bellwether trials
- January 2015, Judge Pallmeyer believes the first Zimmer NexGen lawsuit will be ready for trial
To qualify as a potential bellwether case, the lawsuit must have joined the MDL no later than January 25, 2013, and the claimants must prove all medical authorizations and Fact Sheets have been completed.
Plaintiffs allege crippling injuries from the NexGen knee
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- Zimmer NexGen LPS-Flex
- Zimmer NexGen CR-Flex
- Zimmer NexGen GSF LPS-Flex
- Zimmer NexGen GSF CR-Flex
- Zimmer NexGen MIS Tibia component
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