JPML Refuses to Vacate Transfer Order, Says NexGen Knee Implant Case Not Primarily Medical Malpractice Action

WASHINGTON, D.C. –– The Judicial Panel on Multidistrict Litigation has denied a motion to vacate a transfer order issued in a case involving Zimmer’s NexGen Knee Implant, rejecting the plaintiff’s contention that the case primarily involves medical malpractice claims.

In the June 8 order, the JPML also ruled that the plaintiff could not bypass the transfer order on the ground that she had struck a deal with plaintiffs’ counsel in the MDL to obtain discovery.

The plaintiff in the underlying case moved to vacate the transfer order, asserting that her case is primarily a medical malpractice action and should not …