August 2021

Zimmer Biomet Obtains Victory in First Bellwether Case in Hip Implant MDL

United States - New York

A team of Faegre Drinker product liability and mass torts attorneys represented Zimmer, Inc. in its victory in the first bellwether case in re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head Prods. Liab. Litig., 1:18-md-02859, pending in the Southern District of New York before Hon. Paul A. Crotty.

On August 6, 2021, the Court granted Zimmer’s motion for summary judgment in the suit, after finding that the plaintiff’s expert witness’s opinion regarding alleged defects in the M/L Taper with Kinectiv and the VerSys Head is unreliable and inadmissible. The judge noted that there was too large of a gap between the data the plaintiff’s expert witness cited and the conclusions she reached and awarded summary judgment. The case was scheduled to begin a jury trial on September 28, 2021.

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