Plaintiffs Oppose Zimmer’s Motion for Summary Judgment, Say They Were Miscategorized as ‘Track Two’

CHICAGO –– Plaintiffs have opposed Zimmer Inc.’s motion for summary judgment in 142 cases pending in the national coordinated docket for the NexGen Knee Implant claims, arguing that they were miscategorized as “Track Two” plaintiffs and therefore were not required to file Rule 26(a) expert reports as required by the court’s case management order.

In oppositions filed in the U.S. District Court for the Northern District of Illinois, the plaintiffs argued that they have achieved high-flexion activity and therefore their cases should be placed on Track One.

According to Zimmer, the District Court entered CMO-9 in January 2016, splitting the …