STORY FROM: Drugs & Medical Devices

Design Defect, Warning Claims to Proceed in N.J. Federal Zimmer Hip Case

NEWARK, N.J. - A New Jersey federal judge has allowed design defect and failure-to-warn claims to proceed against Zimmer in a hip replacement case, finding the plaintiffs adequately pled that the femoral stem broke and leached cobalt and chromium into the patient's bloodstream.

In a Feb. 26 order, Judge Susan Wigenton of the U.S. District Court for the District of New Jersey also refused to dismiss the plaintiffs' punitive damages claim, finding they sufficiently alleged that Zimmer's conduct was malicious or evidenced a reckless disregard for the potential harm to patients.

In January 2006, Matthew Cerniglia underwent a total ...

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Cillick & Smith
McCarter & English

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