STORY FROM: MDL Mass Tort & Class Action Monitor
3rd Cir. Reinstates Zimmer Hip Case, Says Jury Must Decide Timeliness Issue
December 9, 2019
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 ...