Zimmer Denied Summary Judgment on Design Defect Claims in NexGen Knee Bellwether Case

CHICAGO — The Illinois federal judge overseeing the NexGen Knee MDL has denied Zimmer summary judgment on design defect claims in the first bellwether case, ruling questions of fact remain as to whether the defendant exercised reasonable care designing the device, drafting warnings, and other conduct associated with monitoring the device after it was placed on the market.

However, in the June 12 order, Judge Rebecca R. Pallmeyer of the U.S. District Court for the Northern District of Illinois awarded Zimmer summary judgment on the plaintiff’s strict liability claim, ruling it is precluded under Pennsylvania law.

Pennsylvania residents Kathy …