STORY FROM: Drugs & Medical Devices

3rd Cir. Reinstates Zimmer Hip Case, Says Jury Must Decide Timeliness Issue

PHILADELPHIA — A federal appeals court has reinstated a Pennsylvania woman’s lawsuit alleging injuries caused by Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head, ruling that a jury must decide whether her claims are timely.

In a Nov. 20 opinion, a 3rd Circuit U.S. Court of Appeals panel majority explained that “Pennsylvania law delegates to a factfinder any genuine dispute over when a plaintiff should reasonably have discovered her injury.” In the instant case, there is a question of fact as to whether plaintiff Marilyn Adams could not have known until Feb. 12, 2015 that her ...

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Eckert Seamans Cherin & Mellott
Faegre Baker Daniels
Levin Papantonio Thomas Mitchell Rafferty & Proctor
McGartland Law Firm
Osborne & Associates
Villari Brandes & Giannone

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