STORY FROM: Drugs & Medical Devices

Ohio Zimmer NexGen Knee Lawsuit Dismissed for Failure to State a Claim

CINCINNATI — An Ohio federal judge has dismissed a Zimmer NexGen Knee lawsuit for failure to state a claim, ruling that the plaintiff’s short-form complaint contains no substantive factual allegations that support any of the theories of recovery.

On Dec. 31, Judge John R. Adams of the U.S. District Court for the Northern District of Ohio further ruled that nothing in the short-form complaint ties the action to Ohio and, as such, the Plaintiff’s choice of venue is improper.

According to the May 18, 2012, short form complaint, Alabama resident Dorothy Lawson was implanted with a Zimmer NexGen Knee device ...

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