Negligence Claim to Proceed Against Zimmer in N.Y. Federal M/L Taper Hip Case

NEW YORK — A New York federal judge has allowed a negligence claim to proceed against Zimmer Biomet Holdings Inc. in an M/L Taper hip replacement action, explaining that the plaintiff may seek recovery on the basis of any one or more of four theories of liability, including negligence.

However, in the Nov. 27 order, Judge Arthur Spatt of the U.S. District Court for the Eastern District of New York dismissed the claims of breach of warranty and negligent misrepresentation, ruling that they are time-barred.

James Viania was implanted with a Zimmer M/L Taper Hip Prosthesis on March 2, 2010. …