According to an order issued this week by the U.S. Judicial Panel on Multidistrict Litigation, any individuals who file a Zimmer NexGen knee replacement lawsuit in federal district court will have their case consolidated as part of an MDL, or multidistrict litigation. Although the cases will be managed similar to how a Zimmer NexGen class action lawsuit would be handled during pretrial proceedings, each claim will continue to remain an individual lawsuit.
The Zimmer NexGen knee replacement lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a potential product liability claim as a result of problems caused by design defects associated with certain Zimmer artificial knee components.
It is expected that hundreds of lawsuits will eventually be filed over Zimmer NexGen knee replacement problems, which involve early failure of the artificial knee and often result in the need for additional revision surgery.
According to an order issued August 8, lawsuits filed in any federal district court throughout the United States will be centralized before Judge Rebecca Pallmeyer in the U.S. District Court for the Northern District of Illinois for pretrial proceedings, including discovery and early bellwether trials to help gauge how juries are likely to respond to evidence that will be introduced in many cases.
The multidistrict litigation process, more commonly referred to as the Zimmer NexGen MDL, is often confused with a class action lawsuit against Zimmer. While the MDL and a Zimmer NexGen knee class action lawsuit have many similarities during pretrial proceedings, each claim remains an individual lawsuit, where the plaintiff must establish that their injuries were caused by problems with the Zimmer knee design and each claim will be decided individually be a jury.
Unlike a class action lawsuit, Zimmer NexGen knee injury claims involve unique damages for each claimant, since the problems will impact each person in a different way. Therefore, the outcome of the litigation can not be determined through the trial of a class-representative, as would be done in a class action suit.
While the cases do remain individual lawsuits, the pretrial proceedings will be consolidated to reduce the risk of inconsistent rulings from different judges, avoid duplicative discovery and serve the convenience of the parties and witnesses. However, if Zimmer NexGen knee replacement settlements are not reached during the MDL process, each claim would be remanded back to the federal district court where it was originally filed for trial.
ZIMMER NEXGEN CLASS ACTION ATTORNEYS
The attorneys at Saiontz & Kirk, P.A. are continuing to review and evaluate new lawsuits for individuals who have suffered problems with a knee replacement that may have involved Zimmer NexGen components. Claims are being evaluated for individuals who have experienced:
- Knee Pain
- Difficulty Standing or Walking
- Loosening of Zimmer Replacement Knee Parts
- Knee Replacement Failure
- Revision Surgery for a Zimmer Knee
All suits are being pursued on a contingency fee basis, which means that there are never any fees for our Zimmer NexGen class action attorneys to represent you until a recovery is obtained. To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.