Zimmer Biomet continued to defend its NexGen Flex knee product with a major victory on Oct. 21, 2016 in a second bellwether trial, Theodore Joas et al. v. Zimmer Inc. et al. The U.S. District Court in the Northern District of Illinois granted summary judgment in favor of Zimmer on all counts. Faegre Baker Daniels served as lead defense counsel to Zimmer on the case.
The plaintiffs’ complaint alleged a wide swath of claims 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, unjust enrichment and fraudulent concealment. The plaintiffs sought an award of punitive damages, as well.
The Court held in Joas that the plaintiffs lacked a reliable scientific basis for their claims against the NexGen Flex knee. Summary judgment in Joas, in conjunction with the jury’s verdict in favor of Zimmer in the first bellwether trial in October 2015, is consistent with the overwhelming clinical success of the NexGen Flex family of products. Zimmer will continue to defend the NexGen Flex legacy of nearly 18 years of successfully treating millions of patients worldwide.