Comment k Bars Strict Liability Claims Against Zimmer in NexGen Knee Case, Pa. Federal Judge Rules

SCRANTON, Pa. — Comment k of the Restatement (Second) of Torts bars strict liability claims asserted against Zimmer Inc. in connection with its NexGen Knee system, a Pennsylvania federal judge has ruled, noting that numerous federal district courts have predicted that the state high court would hold as such.

However, in the July 24 order, Judge Edwin Kosick of the U.S. District Court for the Middle District of Pennsylvania allowed claims of negligent misrepresentation and negligent design defect to proceed, ruling that they are adequately pled.

James Krammes underwent knee replacement surgery on Aug. 1, 2008, during which his surgeon …