N.J. Federal Court Throws out Medical Malpractice Suit Involving Zimmer Hip Implant

NEWARK, N.J. –– A New Jersey federal court has thrown out a medical malpractice suit involving a Zimmer metal-on-metal hip implant, ruling that the plaintiff had failed to timely submit an affidavit of merit required under state law.

In the Feb. 20 ruling, the U.S. District Court for the District of New Jersey further found that the plaintiff could not circumvent the requirement since the alleged medical malpractice was not so “obvious” to trigger a common knowledge exception to the filing of the affidavit.

The dismissal of the suit was entered with prejudice.

Richard D. Diana said in his complaint …