STORY FROM: Hip & Knee Implant Litigation
Zimmer Moves for Summary Judgment in 142 NexGen Knee Implant Cases, Cites Failure to Submit Expert Reports
November 28, 2016
CHICAGO –– Zimmer Inc. has moved for summary judgment in 142 cases pending in the national coordinated docket for the NexGen Knee Implant claims, maintaining that the “Track Two” plaintiffs have filed to timely provide Rule 26(a) expert reports required by the court’s case management order.
In the Nov. 14 motion filed in the U.S. District Court for the Northern District of Illinois, Zimmer said that the plaintiffs failure to submit the reports is “fatal to their claims regardless of which jurisdiction’s substantive law applies to their cases.”
According to the defendant, the federal court entered CMO-9 in January 2016, ...