N.J. Federal Zimmer Hip Action Dismissed; Plaintiffs Permitted to Amend Claims

CAMDEN, N.J. — A New Jersey federal judge has dismissed without prejudice a lawsuit involving an allegedly defective Zimmer hip replacement device, ruling that the strict liability and breach of express warranty claims were merely conclusory statements and “recitations of the elements of a claim.”

In an Oct. 16 order, Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey gave the plaintiffs 30 days to amend their complaint.

In January 2006, Matthew Cerniglia underwent a total left hip during which a Zimmer hip replacement device with femoral stem was implanted. Cerniglia underwent a …